2025 
N5N48 


New  York  County  Clerk 

Practical  Directions  for  the 
Holding  of  Elections 


THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


I    '   ! 


IIOLDI^^G  OF  ELECTIONS, 


/- 


f- 


< 


CANVASSING   OF   VOTES, 


rRINfll'AM.Y    AIM'I.ICABI.K   TO 


M  J  ,  THE   CITY  OF   NEW  YORK. 


AND   PESKiXEn    FOK   TlIK    ISE   OK 


INSPECTORS  OF  ELECTION  AND  DISTRICT  CANVASSERS  IN  THAT  CITY. 


PREPARED  BY  HENRY  W.  OE»ET,  COUNrY  CLERK. 


Ilclu  tlorh: 

W.  1).  ROE  &  CO,  PRINTERS  AND  STATION BR^  6.1  WALL  STREET. 
18  6  4. 


nsr  o  T  I  c  K. 

TO  INSPECTORS  OK  KI-K('TIO>  XWt  DISTRICT  CANVASSERS. 

I\  inii-Hiianci!  of  n  licsolnlioii  mlojil'Ml  l>y  the  Hoairl  of  .SiipcrviKori»,  Novembtr  21. 
\HC)X  uutln)ii/.iii«  (l-niiili!  iri«lru<;ti()nx  lo  hi'  pri-ptirod  for  tin-  cnulance  of  Innp  ^ors 
of  Klcctioii  and  Dinlricl  Ciinvas'Hfr^,  and  also  iiiformin^c  fiiid  ofTic'TS  that  the  Bevey;sl 
ponaltioH  will  be  inliiclod  upon  thcin  for  tlie  \>.-nxl  dorcliclion  of  duly. 

The  following  concise  stuteni'  lit  cinlniic-"'.'*  all  diitiiK  d'^volviiij,'  ni)on  tlifin  : 

DUTIES  OF   INSPECTORS  OF  ELECTION. 

HOW   ArroiNTKi). 
Hy  the  Hoaid  of  Siipervi.-ort*  previous  to  Kli-ctiun  day.  :iiid  )>y  llie  .-^iipirvisor  living 
Mcnre.'-t  the  lileclion  Disuicl  on  said  flay.     All  other  appointments  are  illegal. 
WHAT    VOTRS    TO    IlKCIilVK. 
No  Iii.«peclor  can  act  without  having  taken  the  oath  of  office — either  l>efore  llie 
ClerRfof  Ihe  Hoard  of  Supervi.«or.«  before  Election  day.  or  b"fore  any  \f<ml>iT  of  the 
Moard  0:1  saiil  day. 

See  Practical  Directions,  pages  13,  14,  15,  16,  17,  18.  19.  and  20. 

Clt  rk.«  are  sworn  in  by  the  Chairman  of  the  Board  of  Inspectors  of  Elction. 

MANNI'^R  OF  VOTING  AND  FORM  OF  n.\I>r/)TS. 

See  pages  35.  36,  37,  38,  and  39,  Practical  Directions. 

DUTIES    OF    CLERKS. 

In  addition  to  their  general  duties,  which  are  defined  on  pages  4'J  and  50  of  Prac- 
tical Directions,  they  are  required  to  preserve  their  tallies  and  file  ttetn  with  thi' 
I'idice  Commissioners  immediately  upon  the  completioa  of  the  canva.«i'.  and  to  assist 
Ihe  Canvissers  in  the  canvass  of  the  votes. 

DUTIES    OF    DISTRICT   CANVASSERS. 

1K)\V  ArrOINTED. 
Hy  the  Hoard  of  Supervisors  previous  to  Election  day.  or  on  said  day  I)y  the  .^np'r- 
viso'r  living  nearest  the  Election  District.  All  other  appointments  are  illegal. 
No  District  Canvasser  can  act  without  having  taken  the  oath  of  oftice — either  before 
the  Clerk  of  the  Hoard  of  Supervisors  before  Election  day,  or  before  any  member  of 
the  Hoard  of  Supervisors  nw  said  day. 

CANVASS   OF    VOTES. 
See  pages  59,  60,  61,  62,  63,  and  64,  Practical  Directions. 

They  should  observe,  particularly,  to  receive  the  Boxes  from  the  Inspector 
immediately  after  they  have  been  sealed  up  :  compare  the  number  of  Votes 
with  tlie  number  on  the  Poll  Liit:  mske  oral  Proclamation  of  the  result 
immediately  aftef  the  completion  of  the  Cauva33  of  each  Box  :  attach  to 
these  Ret\irn3  a  Copy  of  each  kind  of  Tickat  Voted  for,  and  also  all  De- 
fective Ballots  rejected 

File  one  Udurn  and  Copy  of  I'oU  Li'^l  with  ih.'  County  Clerk,  and  the  oth>r  witli 
the  Supervisor  having  cliarge  of  the  lleturn  District  for  the  County  Election  :  and 
for  the  Charier  Ebction,  one  Ueturn  with  the  Cl.'rk  of  the  Common  Council,  and  th..- 
olher  with  the  Alderman  of  the  District. 

.*>.■(■  lliiit  the  iiumhet  of  Vitlcs  ■ijirnfuil  in  iH'h  li'tiui)  (\  vntlia  .11  wok}.-,  anil  /ian'r-. 

MAKE  RETURNS  FOR  EVERY  VOTE    RECEIVED. 

By  order  of  the  Boartt, 

JO.-.   B.   YOUXG,   C'erk. 


SPECIAL    NOTICE 


TO 


CANVASSERS  OF  ELECTION 


RETURNS  OF  THE  NOVEMBER  ELECTION, 


AVITlf 


Must  be  filed  forthwith — one  copy  of  Returu  jmd  Poll 
List  at  the  County  Clerk's  Office,  and  also  one  copy 
served  on  the  Supervisor  appointed  to  receive  the 
Returns  of  the  district. 


Heturns  of  December  £lection,  with  Poll  £ist, 

Are  to  l)e  filed  witJi  Clerk  of  Common  Council  and 
Alderman  of  the  district  immediatel}'  upon  completion 
of  the  Canvass. 


PlliCTICAL  DIRECTIONS 


HOLDI^TG  OF  ELECTIONS, 


CANVASSING   OF  VOTES, 


le  pieir  ^kctioii  ^at, 


rRINCIPALLY    AI'PLIC.VCL?;   TO 


THE   CITY   OF   NEW   YORK, 


AND   DKSIGNKI)   FOIl  THE   USE  OF 


INSPECTORS  OF  ELECTION  AND  DISTRICT  CANVASSERS  IN  THAT  CITY. 


PKEPARED  BY  HENRY  W.  GENET,  COUNTY  CLERK. 


Ucli)  ilorli: 

W.  1).  ROE  &  CO.,  PllINTEIlS  AMI)  STATION' llll-^,  r,:J  WALL   STREEf. 
18  64. 


THE 


SOLDIERS'    VOTING    BILL 


STATE  OF  NEW  YOEIv 


INSTRUCTIONS 


THE   SECRETARY   OF   STATE. 


OFFICE  OF  THE  SECRETARY  OF  STATE, -j 
OF  THB  State  of  New  York,  > 

Alba-NY,  June  23, 1804.     > 
Tbe  following  decision,  from  the  Commissioner  of  Internal  Revenue  at  Washington,  has 
been  received  at  this  Department,  in  regard  to  United  States  stamps  upon  the  Powers  of 
Attorney,  authorizing  electors  to  vote  for  soldiers  in  the  field,  pursuant  to  Chap.  263,  of 
the  Laws  of  1864: 

TREASURY  DEPART.MENT— Ofrce  of  I.nter.val  Rkve.nxk,  ■« 
WASui.\GTO.N,./une  21,1864.  J 

"  Sir  : — In  reply  to  yours  of  the  l"th  inst. ,  I  have  to  say,  that  where  Powers  of  Attorney 
are  executed  by  a  .soldier  in  the  field,  authorizing  a  second  party  to  vote  for  him,  as  under 
the  late  act  of  the  Legislature  of  New  York,  it  is  held  by  this  office,  that  to  require  the 
same  to  be  stamped  would  he  subjecting  the  elective  franchise  to  a  restriction  not  con- 
templated in  the  policy  of  the  law.  No  stamps  will,  therefore,  be  required  on  such  war- 
rants. Very  respectfully, 

JOSEPH  J.  LEWIS,  C<ymmissi(mer. 

CnAS.  Plact:,  Esq.,  Chi"f  Cleric  Stale  Deparlmcnl,  Albany. 


INSTRUCTIONS. 


state  of  Xeto  Yorb, 

Office  of  the  Secretary  of  State, 

Albany,  1864. 

Under  the  provisions  of  the  Soldiers'  Voting  Bill,  the 
soldier  intending  to  vote  at  any  general  or  special  election, 
to  be  held  in  this  State,  is  required  to  fill  out  and  execute 
a  power  of  attorney  (for  which  a  blank  is  herewith  sent), 
swear  to  it  before  any  field  officer,  captain,  adjutant,  or 
commandant  of  any  company  or  detachment  on  detached 
service  of  the  United  States,  and  commissioned  as  officers 
in  the  volunteer  force  of  the  State  of  New  York,  or  the 
captain  or  commandant  of  any  vessel  in  the  naval  service 
of  the  United  States  ;  also,  having  a  witness  to  sign  his 
name  thereto,  and  authorizing  some  person,  icho  is  a  Icfral 
voter,  at  his  home  or  place  of  residence  in  this  State,  resid- 
ing in  the  same  town  or  city  where  such  soldier  resides,  to 
cast  for  him  his  vote  or  ballot.  He  then  must  fill  out  the 
blank  affidavit,  which  will  be  found  printed  on  the  outside 
of  the  accompanying  envelope,  sign  it,  and  swear  to  it  be- 
fore one  of  the  officers  above  named. 

After  having  executed  tlie  power  of  attorney,  and  sworn 


to  the  afTidavit  on  the  envelope — which  may  be  cither 
written  or  printed — he  must  fold  and  inclose  the  vote  or 
ballot  he  desires  to  be  cast,  together  with  the  power  of 
attorney,  and  jdace  them  together  inside  the  envelope 
■which  has  the  printed  or  written  affidavit  thereon,  seal 
them  up  carefully,  then  place  this  envelope,  so  sealed,  in- 
side another  envelope,  to  be  marked  ,on  the  outside, 
"Soldier's  Vote,"  and  direct  it  to  the  person  to  whom 
authority  is  given  by  said  power  of  attorney,  to  cast  for 
him  his  vote  or  ballot,  and  transmit  the  same  to  the  person 
to  whom  it  is  directed  by  mail  or  otherwise.  The  officers 
before  whom  the  affidavits  are  taken,  must  attach  to  their 
signatures  their  official  designations. 

It  should  be  borne  in  mind,  that  the  person  who  is  to 
receive  the  soldier^s  vote  or  ballot,  and  cast  the  same  for 
him,  must  be  a  legal  voter  on  the  day  of  election  ;  and  sol- 
diers should  be  cautious  to  send  their  votes  or  ballots  to 
none  others.  Great  care  also  should  be  taken  in  directins: 
these  letters,  to  write,  in  a  legible  hand,  the  7ia7ne,  town, 
and  county,  in  order  to  prevent  their  miscarriage.  By 
reading  section  2  of  said  act  carefully,  the  soldier  will  be 
able  more  clearly  to  see  the  course  he  is  to  pursue. 

CHAUNCEY  M.  DEPEW, 

Secretary  of  State, 


SOLDIERS'  VOTING   BILL 


CHAPTER    253. 
AN  ACT 

TO  ENABI.E  THE  QUALIFIED  ELECTORS  OF  THIS  STATE,  AB- 
SENT THEREFROM  IX  THE  MILITARY  SERVICE  OF  THE 
UNITED  STATES,  IN  THE  ARMY  OR  NAVY  THEREOF  TO 
VOTE. 

Passed,  April  t\ven(y-ono,  one  tboiipand   eight  bundred  and  sixly-four; 
three-fifths  being  present. 

The  People  of  the  State  of  JVew  York,  represented  in  Senate 
and  Assembly,  do. enact  as  follows  : 
Section  1.  In  time  of  war  every  elector  of  tlie  State  of 
I^w  York  in  the  actual  military  service  of  the  United 
States,  in  the  army  or  navy  thereof,  who  shall  be  absent 
from  the  State  of  New  York  on  tlie  clay  of  election,  shall 
be  entitled  to  vote  at  any  general  or  special  election  held 
in  this  State,  in  tlic  manner  and  form  foliowini^  : 

§  2.  Such  absent  elector  shall,  by  an  instrument  executed 
by  him,  not  more  than  sixty  days  previous  to  any  general 
or  special  election  to  be  held  in  this  State,  authorize  and 
empower  any  elector  of  the  town  or  city  where  the  said 
absent  elector  shall  reside,  on  the  day  of  said  election,  to 
cast  for  him  his  vote  or  ballot,  in  the  manner  prescribed 
by  this  act,  for  all  ollicers  for  whom  he  would  have  a  right 


8 

to  vote  if  lie  were  present  at  such  election  ;  said  instrument 
shall  be  signed  by  such  absent  elector,  attested  by  a  sub- 
scribing witness,  and  sworn  to  before  any  field  ofiicer, 
captain,  adjutant,  or  commandant  of  any  company  or  de- 
tachment on  detached  service,  in  the  service  of  the  United 
States,  and  commissioned  as  officers  in  the  volunteer  force 
of  the  State  of  New  York,  or  the  captain  or  commandant 
of  any  vessel  in  the  naval  service  of  the  United  States,  to 
which  the  said  absent  elector  may  belong  or  be  attached  ; 
and  such  officers  are  hereby  duly  authorized  to  administer 
oaths  for  the  purposes  specified  in  this  act,  and  they  shp,ll 
attach  to  their  signatures  their  official  designations. 

§  3.  The  said  absent  elector  shall  make  and  subscribe 
the  following  affidavit :  "  I,  A.  B.,  do  solemnly  swear  (or 
affirm)  that  I  have  been  a  citizen  of  the  United  States  for 
ten  days  :  am  now  of  the  age  of  twenty-one  years  ;  that  I 
have  been  or  shall  have  been  an  inhabitant  of  the  State  of 
New  York  for  one  year  next  preceding  the  election  to  be 
held  on  the        day  of  186  ;  for  the  last  four 

months  a  resident  of  the  county  of  ;  for  thirty 

days  next  preceding  said  election  a  resident  of  the  town 
(or  city)  of  ;  and  that  I  am  now,  and  until 

said  election  intend  to  be,  a  resident  thereof;  that  I  have 
not  made  any  bet  or  wager,  and  am  not  directly  or  in- 
directly interested  in  any  bet  or  wager  depending  upon 
the  result  of  said  election.  And  I  do  further  swear,  that  I 
am  in  the  actual  military  (or  naval)  service  of  the  United 
States  ;  that  I  am  now  a  member  of  company  of  the 
regiment  (describing  the  organization  to  which  he  belongs), 
now  at  or  near  ,  in  the  state  (or  territory)  of 

(or  attached  to  the  United  States  vessel  ). 

Sworn  to  and  subscribed  this        day  of  186 

before  me, 


§  4.  The  said  absent  elector  in  the  service  as  aforesaid, 
shall  prepare  and  fold  the  ballot  or  ballots  he  designs  to 
cast  at  such  election,  and  inclose  the  same,  together  with 
the  instrnincnt  dcscriljcd  in  the  second  section  of  this  act, 
in  an  envelope  duly  scaled,  having  on  the  outside  thereof, 
cither  written  or  printed,  the  affidavit  described  in  the 
third  section  of  this  act.  sworn  to  and  subscribed  a?  therein 
required.  Tiie  said  envcloiic,  prepared  as  aforesaid,  shall 
be  inclosed  by  hiin  in  another  envelope,  marked  "  Soldier's 
Vote,"  sealed  and  directed  to  the  elector  empowered  by 
the  instrument  described  in  the  second  section  of  this  act, 
to  cast  the  ballot  of  said  absent  elector  ;  and  the  said  ab- 
sent elector  may  then  transmit  the  same  to  the  person  to 
whom  it  is  directed,  by  mail  or  otherwise. 

§.  5.  Such  elector,  upon  receiving  such  letter  from  such 
absent  elector,  may  open  the  outer  envcloi)C  tliere(»f. 
Iju.  he  shall  not  open  the  inner  envelope  tiiereof.  On 
the  day  of  such  election,  and  between  the  opening  and 
close  of  the  polls  thereof,  he  shall  deliver  such  inner  en- 
velope to  the  inspectors  of  elections  of  the  proper  election 
district,  and  at  the  polls  thereof;  and  if  the  name  of  the 
person  signing  the  affidavit,  on  the  outside  of  said  envelope, 
shall  be  found  enteied  upon  the  register  of  electors  of 
such  election  district  as  a  duly  (jualified  voter  therein, 
said  envelope  shall  be  by  said  inspectors  publicly  opened, 
and  the  votes  or  ballots  tlierein  contained  shall  be  duly 
deposited  in  the  appropriate  boxes  prepared  to  receive  the 
ballots  of  voters,  and  the  name  of  sucii  absent  elector  shall 
be  entered  upon  the  poll  lists,  together  with  tiic  name  of 
the  person  delivering  the  iKillot  at  tiio  polls..'  If  such  name 
shall  not  be  found  entered  upon  the  register  of  electors  of 
such  district  where  such  person  claims  to  reside,  sucii  en- 
velope shall  not  be  oj)encd  unless  an  aflidavit  be  made  l)y 


10 

/  a  hoiHoholdcr  ol'  the  district,  to  the  effect  tliat  he  knows 
I  th;U  siiid  person  whose  vote  is  so  offered,  is  a  resident  of.; 
I  said  district./  If  such  allidavit  be  made  and  delivered  to 
the  inspectors,  they  shall  open  said  envelope  and  deposit 
tlio  votes  or  ballots  therein  contained  as  aforesaid,  and  the 
;  name  of  the  jterson  so  voting  shall  be  entered  upon  the 
j  poll  lists,  to,!;ethor  with  the  name  of  the  person  delivering 
I  the  ballot  at  the  polls.     Tiie  ballots  contained  in  any  such 
inner  envelope,  which  shall  have  been  opened  or  unsealed 
before  the  same  shall  have  been  laid  before  the  Board   of 
Inspectors  of  election,  shall  not  be  deposited  in  any  ballot- 
box  at  such  election,  but  shall  be  rejected. 

§  6.  The  affidavits  and  instruments  described  in  the 
second  and  third  sections  of  this  act,  and  all  envelopes 
containing  "soldiers'  votes."  not  opened  at  such  election, 
shall  l>e  kept  and  filed  by  the  inspectors  of  election  in  the 
same  manner  and  place  as  the  poll  lists  of  such  election  are 
required  by  law  to  be  kept  and  filed. 

§  7.  Every  person  who  shall  be  entitled  to  receive  any 
letter  or  envelope  marked  as  herein  provided,  before  he 
sliall  take  away  the  same,  shall  sign  and  deliver  to  the 
})ostmaster  or  his  deputy  or  clerk,  a  receipt  therefor,  which 
receipt  shall  specify  how  many  such  letters  or  envelcipes  ^ 
he  has  received,  and  otherwise,  as  far  as  may  be,  specify 
the  particulars  of  the  description  thereof.  And  any  willful 
omission  to  comply  with  the  provisions  of  this  section  shall 
be  adjudged  a  misdemeanor,  and  any  person  convicted 
thereof  shall  be  punished  accordingly. 

§  S.  Any  inspector  of  election  and  any  elector  to  whom 
said  ballot  shall  bo  sent  who  shall  willfully  neglect  or  re- 
fuse to  perform  any  of  the  duties  required  of  him  by  this 
act.  or  in  any  manner  willfully  violate  or  abuse  any  trust 
or  duty  hereby  imposed  on  him,  shall  be  deemed  guilty  of 


11 

a  misdemeanor,  and  upon  conviction  shall  be  punished  by 
line  not  less  than  two  hundred  and  lifty  doliui-s,  and  by 
imprisonment  in  the  county  jail  not  less  than  four  months. 

§  9.  Every  person  who  shall  be  guilty  of  willful  and 
corrupt  false  swearing  or  affirming  in  taking  any  oath  or 
affirmation  prescribed  by  this  act,  shall  be  adjudged  guilty 
of  willful  and  corrupt  perjury  ;  and  every  person  who  shall 
make  or  sign  a  false  certificate  to  any  instrument  or  affi- 
davit authorized  by  this  act  shall  be  deemed  guilty  of  a 
misdemeanor. 

§  10.  Every  person  who  shall  deliver  or  present  to  the 
inspectors  of  elections  under  this  act  any  forged,  altered 
or  changed  ballot,  envelope,  or  instrument  re(|uired  or  pro- 
vided for  by  this  act,  knowing  the  same  to  be  so  forged, 
altered  or  changed,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  punished  by  a  fine  not  less  than 
two  hundred  and  fifty  dollars,  and  by  imprisonment  in  the 
county  jail  not  less  than  four  months. 

§  11.  All  provisions  of  the  law  of  this  State  relative  to 
general  or  special  elections,  not  inconsistent  wiih  any  of 
the  provisions  of  this  act,  shall  apply  thereto. 

§  12.  The  Secretary  of  State  is  hereby  authorized  and 
required  to  prepare  and  have  printed  the  necessary  blank 
forms  and  envelopes  rerpiired  to  carry  out  the  provisions 
of  this  act,  and  shall  cause  the  affidavits  required  by  the 
third  section  of  this  act  to  be  printed  in  blank  upon  pro- 
per envelopes,  to  contain  the  instrument  required  by  the 
second  section  of  this  act,  and  shall,  at  least  two  months 
previous  to  any  general  or  special  election,  cause  such 
Ijlank  forms,  envelopes,  and  copies  of  this  act  to  be  for- 
warded to  the  several  regiments  from  this  State,  in  the 
service  of  the  United  States,  in  the  field,  and  to  the  several 


12 

liosj)itals,  posts,  and  naval  stations,  in  sufiicicnt  quantity  to 
fninish  one  copy  of  each  blank,  form,  envelope,  and  copy 
of  this  act  to  each  person  in  the  actual  military  service  of 
tlie  United  States,  in  the  army  or  navy  thereof,  from  this 
State,  and  absent  therefrom.  The  sum  of  ten  thousand 
dollars,  or  so  much  thereof  as  may  be  necessary,  is  hereby 
approj)riated  out  of  any  moneys  in  the  Treasury,  not  other- 
wise appropriated,  to  defray  the  expenses  authorized  by 
this  section. 

§  13.  Any  officer  of  tliis  State,  or  of  the  United  States, 
or  any  other  person,  who  shall,  directly  or  indirectly,  con- 
trol, or  attempt  to  control,  any  such  enlisted  elector  in  the 
exercise  of  any  of  his  rights  under  this  act,  by  menace, 
bribery,  fear  of  punishment,  hope  of  reward,  or  any  other 
corrupt  or  arbitrary  "measure  or  resort  whatever,  or  to 
annoy,  injure,  or  otherwise  punish  any  such  officer  or  man, 
for  tiie  manner  in  which  he  may  have  exercised  any  such 
right,  shall  be  deemed  guilty  of  an  offense  against  the 
sovereignity  of  this  State,  which  shall  be  punished  as  a 
misdemeanor,  and  for  which  he  may  be  indicted  and  tried 
at  any  future  time,  when  he  may  be  found  within  the  limits 
of  this  State  ;  and,  upon  conviction,  he  shall  be  imprisoned 
for  a  term  not  exceeding  one  year,  and  fined  in  a  sum  not 
exceeding  one  thousand  dollars,  and  he  shaU,  also,  thence- 
forth be  ineligible,  after  conviction  thereof,  to  hold  any 
office  in  tiiis  State. 

State  of  New  York,       ) 
Office  of  the  Secretary  of  State.  \ 

I  have  compared  the  preceding  with  the  original  law  on 
file  in  this  office,  and  do  certify  that  the  same  is  a  correct 
transcript  tiierefrom  and  of  the  whole  of  said  original. 

Chauxcey  M.  Depew, 

Secretary  of  State. 


PRACTICAL  DmECTIOXS. 

CHAPTER  I. 

Who  are  Legal  Voters  1 

Every  male  citi/.cu  of  the  age  of  twcnty-oue  years,  who 
sliall  liavc  lioen  a  citizen  for  ten  days,  and  for  thirty  days 
next  j)rcccdi!ig  the  election  a  resident  of  the  district  from 
which  the  oflicer  is  to  be  chosen  for  wliom  he  ofl'ers  liis  vote, 
and  an  inhabitant  of  the  State  one  year  next  preceding  any 
election,  and  for  the  last  fonr  months  a  resident  of  the 
county  where  he  may  offer  his  vote,  is  entitled  to  vote  in 
the  election  district  where  he  actually  resides,  and  not 
elsewhere,  for  all  officers  that  now  are  or  hereafter  may  bo 
elected  by  the  people.  (Article  "J,  section  1,  of  the  Consti- 
tution, and  Act  of  1847.) 

No  man  of  color  shall  vote  at  any  such  election,  unless  he 
shall  have  been  for  three  years  a  citizen  of  this  State,  and 
an  inhabitant  thereof  for  one  year  next  preceding  the  elec- 
tion at  which  he  offers  to  vote  ;  and  during  that  time  shall 
have  been,  and  shall  be  at  the  time,  seized  and  possessed 
of  a  freehold  estate  of  the  value  of  two  hundred  and  fifty 
dollars,  over  and  above  all  debts  and  encumbrances  charged 
thereon,  and  have  been  actually  rated,  and  paid  a  tax 
thereon  ;  and  unless  he  has  been  for  the  last  four  months 
a  resident  of  the  county,  and  for  the  last  thirty  days  next 
preceding  the  election  a  resident  of  the  assembly  district 


14 

(or  senate  or  congressional  district,  or  other  district,  from 
•\vliicli  the  officer  is  to  bo  chosen,  for  whom  said  person 
offers  to  vote);  nor  unless  lie  shall  be  a  resident  of  the  ward 
(or  town,  as  the  case  may  be),  and  of  the  election  district, 
in  which  he  then  offers  to  vote.     (Ibid.) 

No  person  shall  be  permitted  to  vote  at  any  election  who 
shall  have  been  convicted  of  any  crime  punishalde  with 
death  or  imprisonment  in  the  State  Prison,  or  of  bribery,  at 
any  time  previous  "tliercto,  unless  he  shall  have  been  par- 
doned and  restored  to  all  the  rights  of  a  citizen  ;  nor  shall 
any  person  be  permitted  to  vote  who  shall  make  or  be  in- 
terested directly  or  indirectly  in  any  bet  or  wager  depend- 
ing upon  the  result  of  any  election  at  which  such  person 
shall  offer  to  vote.     (Ibid.) 

Wlio  are  Citizens  1 

1.  All  persons  are  regarded  as  native  citizens  who  were 
born  in  tins  country,  either  before  or  since  the  declaration 
of  independence,  or  who  were  resident  citizens  at  that 
time.     (2  Kent's  Com.,  39.) 

2.  Persons  who  have  been  naturalized  ujider  any  of  the 
acts  of  Congress,  by  a  State  court,  being  a  court  of  re- 
cord, with  a  seal  and  clerk,  and  liaving  common  law  juris- 
diction ;  or  before  a  circuit  or  district  court  of  the  United 
States,  are  also  deemed  citizens  within  the  act.  (2  Kent, 
64-66.)  If  they  have  been  thus  naturalized,  their  right  is 
perfect  ;  and  the  inspectors  have  no  right  to  go  behind 
the  certificate  of  naturalization,  or  the  admission  to  citi- 
zenship, for  the  purpose  of  ascertaining  whether  the  party 
claiming  to  vote  as  a  naturalized  citizen  was  legally  or 
properly  admitted.     The  only  inquiry  is  as  prescribed  by 


15 

f 

the  statute   (page  11,  sec.  14),  "when,  where,  and  in  what 

court,  or  before  what  officer,  he  was  naturalized  ?"'  The 
act,  however,  gives  the  insjjcctors  the  right,  and,  in  fact, 
makes  it  their  duty,  to  ask  such  questions  as  may  tend, 
among  other  things,  to  test  "  his  qualifications  as  to  citizen- 
ship." (Election  Law,  page  11,  sec.  1-4.)  This  power  is 
not  designed  to  enable  them  to  decide  whether  he  has  been 
properly  admitted,  but  whetlier  he  is  admitted  at  ail  or 
not.  It  sometimes  happens  that  the  party  does  not  pro- 
duce his  papers,  or  gives  an  unsatisfactory  account  of 
them.  To  test  iiis  qualification,  therefore,  other  questions, 
may  be  put,  sucli  as  the  length  of  his  residence  in  tiie 
country,  or  the  like  ;  and  if  he  refuse  to  "  answer  fully" 
such  questions,  "  liis  vote  may  be  rejected."  {Ibid.,  sec. 
15.)  To  guide  the  inspectors  in  the  questions  thus  to  be 
put,  the  following  abstract  of  the  Naturalization  Laws  is 
given,  as  stated  by  Chancellor  Kent,  in  his  Commentaries, 
vol.  ii.,  pp.  04,  Go  : 

"  The  terms  upon  whicli  any  alien,  being  a  free 
white  person,  can  be  naturalized,  arc  prescribed  by  the 
acts  of  Congress,  of  the  14th  of  April,  1802,  chap.  28; 
the  ?a]  of  March,  1813,  chap.  184;  the  22d  of  March, 
181G,  chap.  32  ;  the  2Gth  of  May,  1824,  chap.  18G  ;  and 
the  24th  of  May,  1828,  chap.  lOG.  It  is  required  that  lie 
declare,  on  oath,  before  a  State  court,  being  a  court  of  re- 
cord, with  a  seal  and  clerk,  and  having  common  law  juris- 
diction, or  Ijcfore  a  circuit  or  district  court  of  the  United 
States,  or  l>cfore  a  clerk  of  either  of  the  said  courts,  two 
years,  at  least,  before  his  admission,  his  intention  to  l)ocome 
a  citizen,  and  to  renounce  his  allegiance  to  his  own  sover- 
eign. This  declaration  need  not  be  previously  made,  if  the 
alien  resided  here  before  the  ISth  June,  1812,  and  has 
since  continued  to  rpside  here  ;  nor  if  he  be  a  minor,  under 


16 

twcnty-nnc  years  of  age,  and  sliall  have  resided  in  tlie 
United  States  three  years  next  preceding  his  arrival  at 
majority.  It  is  sufficient  to  be  made  at  the  time  of  his  ad- 
mission, and  that  lie  tlien  declare  on  oath,  and  prove  to  the 
satisf\iction  of  the  court,  that,  for  three  years  next  preced- 
ing, it  was  his  bona  fide  intention  to  become  a  citizen,  and 
then  the  five  years'  residence,  including  the  three  years  of 
his  minority,  will  entitle  him  to  admission  as  a  citizen,  on 
complying  with  the  requisites  of  the  law.  At  the  time  of 
his  admission,  his  country  must  be  at  peace  with  the  United 
States,  and  he  must,  before  one  of  these  courts,  take  an 
oath  to  support  the  Constitution  of  the  United  States,  and 
likewise,  an  oatli  to  renounce  and  abjure  his  native  alle- 
giance. He  must,  at  the  time  of  his  admission,  satisfy 
the  court,  by  other  proof  than  his  own  oath,  that  he  has 
resided  five  years,  at  least,  within  the  United  States,  and 
one  year,  at  least,  within  the  State  where  the  court  is  held. 
And  if  he  shall  have  arrived  since  the  peace  of  1815,  his 
residence  must  have  been  continued  for  five  years  next  pre- 
ceding his  admission.  He  must  satisfy  the  court  that  dur- 
ing tiiat  time  he  has  behaved  as  a  man  of  good  moral  char- 
acter attached  to  the  principles  of  the  Constitution  of  the 
United  States,  and  well  disposed  to  the  good  order  and 
happiness  of  the  same.  He  must,  at  the  same  time,  re- 
nounce any  title  or  order  of  nobility,  if  any  he  hath." 

If  there  be  any  doubt  as  to  whether  the  party  has  been 
admitted  a  citizen,  any  question  pertinent  to  the  matters 
thus  required  may  be  put  to  him. 

3.  "  The  children  of  persons  duly  naturalized,  under 
any  of  the  laws  of  the  United  States,  or  who,  previous  to 
the  passing  of  any  law  on  that  subject  of  the  Government 
of  the  United  States,  may  have  become  citizens  of  any  of 


17 

the  State?,  under  the  laws  thereof,  being  under  the  age  of 
twenty-one  years  at  the  time  of  their  parents  being  so 
naturalized  or  admitted  to  the  rights  of  citizenship,  shall, 
dwelling  in  the  United  States,  be  considered  as  citizens  of 
the  United  States."  (Act  of  Congress,  April  14,  1802, 
sec.  14.) 

Under  this  provision,  it  has  been  held  that  the  children 
of  persons  duly  naturalized,  who  were  in  their  infancy  at 
the  naturalization  of  their  parents,  if  residing  in  the  United 
States  at  the  time  of  the  passage  of  that  act,  became  citi- 
zens, although  they  were  not  here  at  the  time  of  the  natu- 
ralization of  their  parents.  (Campbell  v.  Gordon,  (\  Cranch, 
177  :  Peck  v.  Younir,  26  Wendell,  624.) 


It  has  been  decided,  also,  that,  under  this  act  of  Con- 
gress, the  infant  children  of  aliens,  though  born  out  of  the 
United  States,  if  dwelling  within  the  United  States  at  the 
time  of  the  naturalization  of  the  parents,  become  citizens 
by  such  naturalization;  and* that  the  provision  of  the  act 
is  PROSPECTIVE,  so  as  to  embrace  the  children  of  aliens 
naturalized  after  the  passage  of  the  act,  as  well  as  the 
children  of  those  who  were  naturalized  before.     (West  v. 
West,  8  Paige's  Rep.,  433.)     And,  in  tlic  case  last  cited, 
the  rule  was  applied  to  the  case  of  a  child  who  claimed  to 
be  a  citizen,  in  virtue  of  the  naturalization  of  his  father- 
only,  and  who  was  accordingly  held  to  be  a  citizen.     The 
same  doctrine  was  also  recognized  and  adopted  by   the 
Supreme  Court  of  the  State,  in  Young  y.  Peck,  21  Wen- 
dell, 303  ;   by   the  Supreme   Court  of  Massachusetts,  in 
CharlcJi  v.  Monson  and  Brimficld  Manufacturing  Co.,  17 
Pickering,  70;  and  by  the  Supreme  Court  of  the  United, 
States,  in  Campbell  v.  Gordon,  6  Cranch,  176. 
2 


18 

4.  By  the  supplementary  act  of  Congress,  of  March  26, 
1804,  it  is  provided,  tliat  if  any  alien,  who  shall  have  com- 
plied with  the  preliminary  steps  made  requisite  by  the  act 
of  1S02,  dies  before  he  is  actually  naturalized,  his  widow 
and  children  shall  be  considered  citizens.  (2  Kent,  52.) 

5.  By  the  subsequent  part  of  section  4,  of  the  act  of 
1802,  above  referred  to,  it  is  declared,  that  "  the  children 
of  persons  who  now  are,  or  have  been,  citizens  of  the 
United  States,  shall,  though  born  out  of  the  limits  and 
jurisdiction  of  the  United  States  be  considered  as  citizens 
of  the  United  States  ;  provided  that  the  right  of  citizen- 
ship shall  not  descend  to  persons  whose  fathers  have  never 
resided  within  the  United  States." 

'•This  clause,"  says  Chancellor  Kent  (Cora.,  vol.  ii., 
pp.  52,  53),  "is  certainly  not  prospective  in  its  operation 
It  applied  only  to  the  children  of  persons  who  then  were 
OR  HAD  BEEN  citizcns,  and  consequently  the  benefit  of  this 
provision  narrows  rapidly  by  the  lapse  of  time  ;  and  the 
period  will  soon  arrive  when  there  will  be  no  statute  regu- 
lation for  the  benefit  of  children  born  abroad  of  American 
parents,  and  they  will  be  obliged  to  resort  for  aid  to  the 
dormant  and  doubtful  principles  of  the  English  Common 
Law." 

2.  Wlio  are  Inhabitants  or  Residents  1 

The  question  who  are  inhabitants  or  residents,  within 
the  meaning  of  the  Election  Law,  has  been  found  to  be  full 
of  embarrassment  in  its  application  to  the  various  cases 
which  arise.  The  general  definition  of  these  terms,  which 
were  regarded  by  the  Supreme  Court  in  Roosevelt  v.  Kel- 
logg, 20  Johns.  Rep.,  210,  as  synonymous,  has  been  repeat- 
•^dly  given  by  the  courts. 


19 

"  Inhabitancy  and  Residency,"  says  Chancellor  Wal- 
■wortli  (in  the  matter  of  Wrigley,  8  Wendell,  140),  "mean 
a  fixed  and  permanent  abode  or  dwelling-place,  as  contra- 
distinguished from  a  mere  temporary  locality  of  existence." 

Judge  Rush  (in  Guise  v.  O'Daniel,  1  Binncy,  319)  ob- 
serves, that  "apparent  or  avowed  intention  of  constant 
residence,  and  not  the  manner  of  it,  constituted  a  domicil. 
It  may  be  defined  to  be  a  residence  at  a  particular  place, 
accompanied  with  the  positive  or  presumptive  proof  of 
continuing  it  an  unlimited  time." 

The  Supreme  Court  of  Maine  (in  the  Inhabitants  of 
Turner  v.  the  Inhabitants  of  Buckfield,  -i  Grcenlcaf,  231) 
held,  that  by  tlie  use  of  such  terms  in  a  statute,  "  the 
Legislature  meant  to  designate  some  permanent  abode  or 
residence,  witli  the  intention  to  remain  ;  or,  at  least,  with- 
out an  intention  of  removal." 

And  in  a  late  case  in  our  Supreme  Court  (Frost  v.  Bris- 
ban,  19  Wendell,  1-4),  Chief  Justice  Nelson  remarks: 
"The  transient  visit  of  a  person,  for  a  time,  at  a  place, 
does  not  make  him  a  resident  when  there.  Something 
more  is  necessary  to  entitle  him  to  that  cluiracter.  There 
must  be  a  settled,  fixed  abode — an  intention  to  remain  per- 
manently, at  least  for  a  time,  for  business  or  other  purposes 
— to  constitute  a  resident,  within  the  legal  meaning  of 
that  term."  • 

Wiierever,  therefore,  a  person  claiming  to  vote  shall 
appear  to  have  moved  into  the  State,  or  county,  or  ward, 
or  district,  temporarily,  with  the  intention  to  remove,  or 
without  the  intention  to  remain,  he  is  not  legally  a  resi- 
dent, within  the  meaning  of  the  law.     And  on  the  other 


20 

Imnd,  when  he  is  absent  from  liis  place  of  residence  merely 
temporarily,  with  the  intention  to  return,  he  does  not  lose 
his  legal  residence. 

This  principle  has  been  embodied  in  the  Constitution  of 
tliis  State,  and  is  as  follows  : 

"  For  the  purpose  of  voting,  no  person  shall  be  deemed 
to  have  gained  or  lost  a  residence  by  reason  of  his  presence 
or  absence  while  employed  in  the  service  of  the  United 
States,  nor  while  engaged  in  the  navigation  of  the  waters 
of  his  State,  or  of  the  United  States,  or  of  the  high  seas  ; 
nor  while  a  student  of  any  seminary  of  learning  ;  nor  while 
kept  at  any  alms-house  or  other  asylum  at  public  expense  ; 
nor  while  confined  in  any  public  prison." 

So  in  regard  to  the  absence  of  a  party  in  the  army  or 
navy,  or  in  navigating  the  waters  of  the  State,  the  United 
States,  or  the  high  seas,  if  these  absences  be  temporary 
merely  they  do  not  affect  the  residence  of  the  party,  but  if 
permanent  they  do. 

One  of  the  ordinary  indicia  of  a  man's  legal  residence  is 
where  his  family  resides.  But  even  this  may  be  overruled 
by  his  INTENTION.  A  man  may  have  separated  himself 
from,  or  deserted,  his  family,  and,  however  immoral  the 
act,  he  may  acquire  a  legal  residence  in  another  county, 
ward,  or  distict,  or  even  in  another  State. 

• 


21 

CHAPTER  II. 

Board  of  Registry. 

These  officers  having  been  recently  created,  the  act 
prcscribin<^  their  mode  of  appointment,  powers,  etc.,  is 
here  given  iu  full : 

AN  ACT 

FOR  ASCERTAINING  BY  PROPER  PROOFS  THE  CITIZENS  WHO 
SHALL  BE  ENTITLED  TO  THE  RIGHT  OF  SUFFRAGE,  AND 
TO   PREVENT   FRAUDULENT  VOTING. 

Parsed,  April  fiftccu,  one  thoui-and  ciglit  hundred  and  fifty-nine  ;  three- 
fifths  being  present. 

The  People  of  the  Stale  of  JVeiv  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

§  1.  The  Board  of  Supervisors  of  the  city  and  county 
of  New  York  shall  annually  appoint  three  inspectors  for 
each  election  district  in  said  city  and  county,  to  be  known 
as  the  Board  of  Registry  for  the  election  districts  in  which 
they  are  appointed  ;  such  inspectors  to  hold  their  offices 
for  one  year,  and  to  be  residents  and  voters  in  the  district 
in  which  they  arc  so  appointed. 

The  said  inspectors  so  appointed  for  the  city  and  county 
of  New  York,  and  the  inspectors  of  election  in  each  of  the 
other  election  distrtcls  in  this  State,  shall  meet  annually, 
on  Tuesday,  three  weeks  preceding,  the  general  election, 
at  nine  o'clock  A.  M.,  at  the  place  designated  for  holding 
the  poll  of  said  election,  and  organize  themselves  as  a 
Board,  for  the  purpose  of  registering  the  names  of  the  legal 
voters  of  such  district  ;  and  for  this  pur|tose  they  shall 
appoint  one  of  their  number  chairman  of  the  Board,  who 


22 

shall  administer  to  the  other  inspectors  the  oath  of  office 
as  prescribed  by  the  Constitution,  and  the  same  oath  shall 
then  be  administered  to  the  chairman  by  one  of  the  other 
inspectors. 

The  said  Board  shall  then  proceed  to  make  a  list,  as 
hereinafter  prescribed,  of  all  persons  qualified  and  entitled 
to  vote  at  the  ensuing  election  in  the  election  district  of 
which  they  are  inspectors  ;  said  list,  when  completed,  shall 
constitute  and  be  known  as  the  register  of  electors  of  said 
district. 

The  said  inspectors,  at  their  first  meeting  on  Tuesday, 
three  weeks  preceding  their  general  election,  shall  have 
power,  if  necessary,  to  sit  two  days  for  the  purpose  of  mak- 
ing said  list ;  provided,  that,  at  the  annual  election  next 
prior  to  said  meeting,  the  number  of  voters  in  the  district 
of  which  they  are  inspectors  exceeded  four  hundred. 

The  said  Board  of  Supervisors  shall  assemble  on  the 
third  Monday  of  September  in  each  year,  at  eleven  o'clock 
in  the  forenoon  of  that  day,  at  the  usual  place  of  meeting 
of  said  Board,  and  proceed  to  ballot  for  the  inspectors 
provided  for  in  this  section,  for  said  city. 

Each  ballot  shall  designate  the  number  of  the  election 
district,  and  the  ward  in  which  the  same  is  situated,  and 
shall  contain  not  more  than  three  names  for  inspectors,  as 
aforesaid,  for  such  district.  The  three  persons  receiving 
the  greatest  number  of  votes  for  each  election  district 
shall  be  the  inspectors  of  such  election  district  for  one 
year  thereafter,  and  until  others  are  appointed  in  their 
places.  If,  after  three  ballotings  for  inspectors  for  any 
election  district,  three  such  inspectors  shall  not  have  been  ' 
elected  therefor,  said  Board  shall  draw  by  lot  from  the 


23 

six  names  having  the  largest  number  of  votes  and  not  al- 
ready elected,  as  above  provided,  a  sufficient  number  of 
names  to  make  the  number  of  such  inspectors  three  for 
such  election  district. 

Six  supervisors  shall  constitute  a  quorum  for  the  trans- 
action of  tlic  duties  aforesaid,  in  the  absence  or  refusal  to 
attend  of  the  others,  or  any  of  them. 

§  2.  Said  registers  shall  each  contain  a  list  of  the  per- 
sons so  qualified  and  entitled  to  vote  in  said  election  dis- 
trict, alphabetically  arranged  according  to  their  respective 
surnames,  so  as  to  show  in  one  column  the  name  at  full 
length,  and  in  another  column,  in  cities  and  incorporated 
villages.,  the  residence  by  the  number  of  the  dwelling,  if 
there  be  a  number,  and  the  name  of  the  street  or  otlier 
location  of  the  dwelling-place  of  each  person. 

It  shall  be  the  duty  of  said  inspectors  to  enter  in  said 
lists  the  names  of  all  persons  residing  in  their  election 
districts  wliose  names  appear  on  tlie  poll  list  kept  in  said 
district  at  the  last  preceding  general  election,  and,  in 
cities,  the  number  of  the  dwelling  and  name  of  street  or 
other  location,  if  the  same  shall  be  known  to,  or  can  be 
ascertained  by,  such  inspectors;  and  for  this  purpose  said 
inspectors  are  authorized  to  take  from  the  office  in  which 
they  are  filed  the  poll  lists  made  and  filed  by  the  ins[»cct- 
ors  of  such  district  at  the  general  election  held  next  prior 
to  the  making  of  such  register. 

In  case  a  new  election  district  shall  be  formed,  the  said 
inspectors  shall  enter  in  the  list  the  names  of  such  persons 
entitled  to  vote  in  the  new  election  district,  whose  names 
appear  upon  the  poll  list  of  the  last  general  election  kept 


24 

in   tliG  district  or  districts  from  whicli  said  new  election 
district  is  formed. 

The  said  inspectors  shall  complete,  as  far  as  practicable, 
the  said  register  on  the  day  of  their  meeting  aforesaid 
and  shall  make  four  copies  thereof,  and  certify  the  register 
and  each  of  the  copies  to  be  a  true  list  of  the  voters  in 
their  district,  so  far  as  the  same  are  known  to  them. 

Within  two  days  thereafter,  the  said  original  list,  to- 
gether with  the  lists  taken  from  the  office  as  aforesaid,  shall 
be  filed  by  said  inspectors  in  the  office  of  the  town  clerk 
of  the  town  in  which  such  election  district  may  be  ;  or  if 
such  election  district  is  in  a  city^  in  the  office  of  the  county 
clerk  in  said  city,  and  one  copy  of  said  list  shall  be  kept 
by  each  of  said  inspectors,  and  carefully  preserved  by  him 
for  their  use  on  the  day  or  days  hereinafter  mentioned,  for 
revision  and  correction  of  the  same. 

One  copy  of  said  list  shall,  immediately  after  its  com- 
pletion, be  posted  in  some  conspicuous  place  in  the  room 
in  which  such  meeting  shall  be  held,  and  be  accessible  to 
any  elector  who  may  desire  to  examine  the  same  or  make 
copies  thereof. 

§  3.  The  said  Boards  shall  meet  on  the  Tuesday  of  the 
week  preceding  the  day  of  the  general  election,  in  their 
respective  election  districts,  at  the  place  designated  for 
holding  the  polls  of  election,  for  the  purpose  of  revising, 
correcting,  and  completing  said  lists  ;  and  for  this  purpose, 
in  cities,  they  shall  meet  at  eight  o'clock  in  the  morning, 
and  remain  in  session  until  nine  o'clock  P.  M.  of  that  day 
and  the  day  following  ;  and  in  other  districts  they  shall 
meet  at  nine  o'clock  in  the  morning,  and  remain  in  session 
until  seven  o'clock  P.  M.  of  that  day. 


25 

§  4.  Tlie  proceedings  of  said  Board  shall  be  open,  and 
all  persons  residing  and  entitled  to  vote  in  said  district 
shall  be  entitled  to  be  heard  by  said  inspectors  in  relation 
to  corrections  or  additions  to  said  register. 

One  of  the  lists  so  kept  by  said  inspectors  as  aforesaid, 
shall  be  used  by  tliem  on  tlie  day  or  days  for  making  cor- 
rections or  additions  for  the  purpose  of  completing  the 
registry  for  such  district. 

§  5.  It  sliall  be  the  duty  of  said  inspectors,  at  their 
meeting  for  revising  and  correcting  said  list,  to  erase 
therefrom  the  name  of  any  person  inserted  therein  -who 
shall  be  proved  by  tlie  oatlis  of  two  legal  voters  of  said 
district,  to  the  satisfaction  of  said  inspectors,  to  be  a  non- 
resident of  said  district,  or  otlier\vi«e  not  entitled  to  vote 
in  said  district,  at  the  election  then  next  to  be  held. 

Any  elector  residing  in  said  district,  and  entitled  to 
vote  therein,  may  appear  before  said  Board  of  Inspectors, 
and  require  his  name  to  be  recorded  on  "said  alphabetical 
list.  Any  person  so  requiring  his  name  to  be  entered  on 
said  list  shall  make  the  same  statement,  as  to  the  street 
and  number  thereof,  and  where  he  resides,  required,  by  the 
provisions  of  this  act,  of  persons  offering  their  votes  at  the 
election,  and  shall  be  subject  to  the  same  pains  and  penal- 
ties for  refusing  to  give  such  information,  or  for  falsely 
giving  tlie  same,  and  shall  also  be  subject  to  challenge, 
either  by  the  inspectors,  or  cither  of  them,  or  by  any  other 
elector  whose  name  aj)pears  upon  said  alphabetical  list, 
and  the  same  oaths  may  be  administered  by  the  inspectors 
as  now  provided  against  persons  offering  to  vote  at  an 
election  ;  and  in  case  no  challenge  is  made  of  any  person 
requiring  his  name  to  be  entered  on  said  alphabetical  list. 


26 

or  in  case  of  challenge,  if  such  person  shall  make  oath 
that  would  entitle  him  to  vote  in  case  of  challenge  at  an 
election,  then  the  name  of  any  such  person  shall  be  added 
to  the  alphabetical  poll  list  of  the  last  preceding  year. 

§  G.  After  said  list  shall  have  been  fully  completed,  the 
said  inspectors  shall,  within  three  days  thereafter,  cause 
four  copies  of  the  same  to  be  made,  each  of  which  shall 
be  certified  by  them  to  be  a  correct  list  of  the  voters 
of  their  district,  one  of  which  shall  be  filed  in  the  office  of 
the  town  clerk  of  towns,  and  in  cities  in  the  office  of  the 
county  clerk  of  the  county,  and  one  of  which  copies 
shall  be  delivered  to  each  of  the  said  inspectors,  except  in 
the  city  and  county  of  New  York  ;  one  of  said  copies 
shall  be  delivered  to  each  of  the  inspectors  of  election  of 
the  district  in  which  such  registry  is  made. 

It  shall  be  the  duty  of  the  said  inspectors,  so  receiving 
such  list,  carefully  to  preserve  the  said  lists  for  their  use 
on  election  day,  and  to  designate  one  of  their  number,  or 
one  of  the  clerks,  at  the  opening  of  the  polls,  to  check  the 
name  of  every  voter  voting  in  such  district  whose  name  is 
on  the  register. 

No  vote  shall  be  received  at  any  annual  election  in  this 
State  unless  the  name  of  the  person  offering  to  vote  be  on 
the  said  registry,  made 'on  Tuesday  and  Wednesday  pre- 
ceding the  election,  unless  the  person  offering  to  vote  shall 
furnish  to  the  Board  of  Inspectors  his  affidavit,  giving  his 
reasons  for  not  appearing  on  the  day  for  correcting  the 
alphabetical  list,  and  prove  by  the  oath  of  a  householder 
of  the  district  in  which  he  offers  his  vote  that  he  knows 
such  person  to  be  an  inhabitant  of  the  district,  and  if  in 
any  city,  giving  the  residence  of  such  person  within  said 
?    district ;  and  any  person  whose  name  is  on  the  registry 


27 

may  be  cliallengcfl,  and  the  same  oatlis  shall  be  put  as  are 
now  prescribed  by  law. 

§7.  The  clerks  at  eacli  poll,  in  addition  to  the  duties 
now  prescribed  by  law,  shall  enter  on  the  poll  list  kept 
by  them,  in  columns  prepared  for  that  purpose,  opposite 
the  name  of  each  person  votinc^,  the  same  statement  or 
minute  as  hereinbefore  required  of  inspectors  in  making 
the  registry  ;  but  such  entry  is  not  to  be  made  by  them  if 
the  registry  contains  correctly  the  name  and  residence  of 
such  voter,  and  in  all  cases  the  said  clerk  shall  enter  in  a 
column,  opposite  the  name  of  each  person  not  registered, 
the  words  "not  registered." 

Every  elector  at  the  time  of  offering  his  vote  shall  truly 
state  the  street  in  which  ho  resides,  and  if  the  house,  lodg- 
ing, or  tenement  in  which  he  resides  is  numbered,  the 
number  thereof,  and  the  clerks  of  the  polls  shall  truly 
enter  in  the  appropriate  column  of  the  poll  list,  ojjposito 
the  name  of  the  elector,  the  street  in  Avhicli  the  elector 
resides,  and  the  number,  in  case  the  house,  lodging,  or 
tenement  is  numbered  ;  and  if  the  same  is  not  numbered, 
then  tlie  clerks  shall  enter  "  not  numbered"  in  the  column 
of  the  poll  list  for  entering  the  number  ;  in  case  of  refusal 
to  make  the  statement  as  aforesaid,  the  vote  of  such  elector 
shall  not  Ije  received. 

Any  person  who  shall  willfully  make  any  false  statement 
in  relation  thereto' shall  Ixj  deemed  guilty  of  a  misdemeanor, 
and  shall,  upon  conviction,  be  punished  with  a  fine  of  fifty 
dollars,  or  Ity  iui|)risonmont  in  the  county  jail  of  the  county, 
or  the  city  prison  of  the  cit}^  where  such  voter  offers  to 
vote,  for  a  period  of  ten  days,  or  by  both  such  fine  and 
imprisonment. 

§  S.  After  the  canvass  of  the  votes,  the  said  poll  list 


28 

aud  said  register,  so  kept  and  checked  as  aforesaid,  shall  be 
attached  together,  and  shall,  on  the  following  day,  be  filed 
in  the  town  clerk's  office  of  tlie  town  in  which  said  district 
shall  be,  and  in  case  tiic  same  are  in  cities,  in  the  county 
clerk's  office,  to  be  used  by  the  inspectors  in  making  the 
list  of  voters  at  the  next  general  election. 

§  9.  The  same  Board  may,  if  necessary,  on  the  day  or 
days  of  the  making  and  of  the  correction  of  such  lists,  ap- 
point a  clerk  to  assist  them  in  the  discharge  of  tlie  duties 
required  by  the  act ;  and  the  same  oath  shall  be  taken  by 
such  clerk  as  is  required  by  law  of  clerks  of  the  polls  or  of 
elections. 

§  10.  The  registers  shall,  at  all  times,  be  open  to  public 
inspection,  at  the  office  of  the  authorities  in  which  they 
shall  be  deposited,  without  charge. 

§  11.  The  members  of  the  Board  of  Eegistration,  and 
their  clerks,  shall  each  receive  the  same  compensation  as 
is  now  allowed  by  law  for  inspectors  of  election,  for  each 
day  actually  employed  in  the  making  and  completion  of 
the  registry,  to  be  paid  by*  them  at  the  time  aud  in  the 
manner  in  which  they  are  paid  their  other  fees. 

The  necessary  blanks  and  instructions,  and  other  inci- 
dental expenses,  incurred  in  executing  the  provisions  of 
this  act,  shall  be  provided  and  paid  for  in  the  manner  now 
provided  for  the  payment  of  incidental  expenses  of  elec- 
tion of  the  like  character. 

§  12.  The  said  Board  shall  have  and  exercise  the  same 
powers  in  preserving  ordei;  at  their  meetings,  under  this 
act,  as  are  given  to  inspectors  of  election  for  preserving 
order  on  election  days. 

*  So  in  the  oriofinal. 


29 

§  13.  Any  one  of  the  inspectors  may,  at  any  authorized 
meeting  of  tlie  Board,  administer  tiie  oath  or  oaths  now  re- 
quired by  law,  to  test  the  qualification  of  electors,  and  may 
also  administer,  on  the  day  of  the  making  and  completion 
of  the  list,  to  any  elector  of  the  district  who  may  be  offered 
as  a  witness  to  prove  the  qualifications  of  any  person 
claiming  the  right  to  be  registered,  the  following  oath  : 

"  You  do  swear  (or  affirm)  that  you  are  an  elector  of  this 
election  district;  that  you  will  fully  and  truly  answer  all 
such  questions  as  shall  be  put  to  you  touching  the  place  of 
residence,  and  other  qualifications  as  an  elector,  of  the  per- 
son now  claiming  the  right  to  bo  registered  as  a  voter  in 
this  district." 

And  whoever  shall  willfully  swear  falsely  upon  such  ex- 
amination shall  be  deemed  guilty  of  perjury. 

§  14.  Any  person  who  shall  cause  his  name  to  be  regis- 
tered in  more  than  one  election  district,  or  who  shall  cause 
his  name  to  be  registered,  knowing  that  he  is  not  a  quali- 
fied voter  in  the  ward  or  district  where  said  registry  is 
•  made,  or  who  shall  falsely  personate  any  registered  voter  ; 
and  any  person  causing,  aiding,  or  abetting  any  person,  in 
any  manner,  in  either  of  said  acts,  shall  be  punished,  for 
each  and  every  offense,  by  imprisonment  in  the  State  Prison 
for  not  less  than  one  year. 

All  false  swearing  before  said  IJoard  of  Registration 
shall  be  deemed  willful  and  corrupt  porjuiy,  and.  on  con- 
viction, i)unished  as  such. 

If  any  niomlicr  or  officer  of  said  Board  shall  willfully  vio- 
late any  of  the  provisions  of  this  act,  or  be  guilty  of  any 
fraud,  in  the  execution  of  the  duties  of  his  onice.  he   shall 


30 


be  punislicd,for  each  and  every  offense,  by  imprisonment  in 
the  State  Prison  for  not  less  tlian  one  year. 

§  15.  The  same  list  required  to  be  made  and  perfected 
at  general  elections  shall,  in  the  same  manner,  be  made  and 
perfected  by  the  inspectors  at  all  elections  for  charter  offi- 
ces in  the  several  cities  in  this  State,  and  the  provisions 
and  requirements  of  this  act,  so  far  as  the  same  may  be, 
are  made  applicable  to  such  elections. 

§  16.  The  Secretary  of  State  shall  cause  this  law  to  be 
printed,  and  a  sufficient  number  of  copies  thereof  sent  to  the 
county  clerks  of  the  several  counties,  to  supply  each  of 
the  officers  named  in  this  act  with  a  copy  ;  and  it  shall  be 
the  duty  of  said  county  clerks  immediately  to  transmit  a 
copy  of  the  same  to  each  of  the  inspectors  of  election  in 
this*  county. 

§  17.  This  act  shall  take  effect  immediately. 

State  of  New  York,  | 
Secretary's  Office.       ) 

I  have  compared  the  preceding  with  the  original  law 
on  file  in  this  office,  and  do  hereby  certify  that  the  same  is 
a  correct  transcript  therefrom  and  of  the  whole  of  said 
original  law. 

Given  under  my  hand  and  seal  of 
office,  at  the  city  of  Albany,  this 
sixth  day  of  May,  in  the  year  one 
thousand  eight  hundred  and  fifty- 
nine. 

W.  MORTON, 

Dep.  Secretary  of  State . 


L.S. 


S. 


*  So  in  the  oris:inal. 


31 


AN  ACT 

AUTHORIZING  AND  REQUIRING  INSPECTORS  OF  ELECTIONS  AND 
OTHER  OFFICERS  TO  TAKE  CERTAIN  AFFIDAVITS  REQUIRED 
BY  THE  REGISTRY  LAW. 

Passed  April  Beventeen,  one  thousand  eight  hundrtd  and  sixty-four. 

The  People  of  the  State  of  Jfew  York,  represented  in  Senate 
and  Jlssemhly,  do  enact  as  follows  : 

Sec.  1.  At  any  annual  State  or  city  election,  liereafter 
hc^d  in  this  State,  any  of  the  inspectors  of  such  election 
may  take  the  affidavit  now  required  by  law,  to  be  furnished 
by  persons  offering  to  vote,  wliosc  names  are  not  on  the 
register  of  electors  ;  and  such  inspectors,  or  one  of  them, 
shall,  upon  request,  take  and  certify  such  affidavit,  without 
fee  or  reward.  All  other  officers,  authorized  by  law  to 
take  affidavits,  shall,  at  all  times,  upon  request,  take  and 
certify  any  affidavit  so  required  to  be  furnished  as  afore- 
said, without  any  .charge  therefor. 

§  2.  This  act  shall  take  eflcct  immediately. 


32 


CHAPTER  III. 

Formation  of  Boards  of  Inspectors,  and  Ap- 
pointment  of  their  Clerks. 

Passing  over  the  pi'ovisions  for  dividing  the  city  into 
election  districts,  and  the  appointment  of  inspectors  there- 
for, and  the  places  for  lidding  the  election  (which  need  not 
here  be  adverted  to),  the  next  subject  is  that  mentioned  in 
the  title  of  this  chapter. 

Chap.  216,  of  the  laws  of  1860,  provides,  that  three  in- 
spectors of  election  should  be  appointed  by  the  Board  of 
Supervisors,  for  each  election  district  in  the  city,  and  also 
provides  for  the  appointment  of  district  canvassers,  in  the 
same  manner. 

It  further  provides,  that  if  any  vacancy  should  occur  in 
eitlier  of  such  offices,  which  should  remain  unfilled  prior  to 
the  day  of  any  election,  or  if  any  vacancy  should  exist  on 
that  day,  in  either  of  said  offices,  that  the  same  sliall  be 
filled  by  appointment,  in  writing,  by  the  Supervisor  residing 
in  the  election  district  in  which  the  vacancy  exists  ;  or,  if 
there  be  none  residing  there,  then  by  the  Supervisor  resid- 
ing nearest  to  such  district. 

The  former  mode  of  forming  the  Boards  of  Inspectors, 
and  the  duties  and  powers  tliereof,  are  preserved  by  this 
act. 

The  inspectors  of  each  election  district  shall  meet  at 
the  time  and  place  when  and  where  an  election  shall  have 
been  appointed  to  be  he'ld  therein,  and  shall  proceed  to  or- 
ganize themselves  as  a  Board  for  the  purpose  of  presiding 


37 

and  which,  when  folded,  shall  be  indorsed,  or  show  upon 
the  outside  thereof,  the  words  ''City  and  County,  number 
six,"  and  be  deposited  in  box  number  six. 

G.  The  names  of  all  persons  voted  for  by  any  elector,  at 
any  election  for  Alderman,  or  Councilman,  who  are  to  bo 
elected  by  the  voters  of  each  ward,  or  such  of  them  as  are 
to  be  elected  at  any  election,  shall  be  upon  one  ballot. 
This  ballot,  on  its  face,  must  contain  a  designation  of  the 
office,  and  the  name  or  names  of  the  person  or  persons  to 
be  voted  for,  or  such  of  them  as  any  voter  may  desire  to 
vote  for,  and  when  folded  must  be  indorsed,  or  show  upon 
the  outside,  the  words  "  Charter,  number  seven."  , 

When  received  by  the  inspectors  of  election^  it  must  be 
deposited  in  box  marked  number  seven. 

7.  When  any  ballot  may  contain  the  names  of  persons 
designated  for  Councilmen,  for  other  council  districts  than 
that  where  the  Taallot  is  deposited,  "Me  nanus  of  the  Coun- 
cilmen or  Inspectors,  desifrnated  as  for  that  council  or  election 
district,  shall  he  counted,  and  the  others  rejected  as  surplusage." 
(See  Session  Laws  of  1855,  p.  048.) 

By  section  four  of  an  act  to  amend  the  ciiarter,  ])asscd 
1857,  six  Councilmen  are  to  be  elected  from  each  Senato- 
rial district,  l)y  general  ticket. 

8.  Tiie  names  of  all  persons  designated  for  Judge  o^the 
Court  of  Appeals,  Justices  of  the  Supreme  Court,  of  the 
Superior  Court  of  the  City  of  New  York  ;  Judges  of  the 
Court  of  Common  Pleas  for  the  City  and  County  of  New 
York  ;  Justices  of  the  Marine  Court  of  the  City  of  New 


York,  Surrogate,  and  Recorder,  must  be  on  one  ballot. 
This  ballot,  on  its  face,  must  contain  a  designation  of  the 
office  and  tlic  name  or  names  of  the  person  or  persons  to 
be  voted  for,  or  such  of  them  as  any  voter  may  desire  to 
vote  for,  and  which,  when  folded,  shall  be  indorsed  or  show 
upon  the  outside  the  words  ^'Judiciary,  number  eight,"  and 
must  be  deposited  in  box  number  eight. 

"Where  a  vacancy  is  to  be  filled,  tlie  ballot  should  dis- 
tinctly state  who  is  voted  for  to  fill  the  full  term,  and  who 
to  fill  the  vacancy. 

9.  The  name  or  names  of  all  persons  to  bo  voted  for,  by 
any  elector,  or  such  of  them  as  any  voter  may  desire  to 
vote  for,  police  justices,  or  justices  of  the  district  courts 
of  the  city  "bf  New  York,  are  to  be  upon  one  ballot.  This 
ballot,  on  its  face,  must  contain  a  designation  of  the  office 
and  the  name  or  names  of  the  person  or  persons  to  be 
voted  for,  or  such  of  them  as  any  voter  may  desire  to 
vote  for. 

The  ballot,  when  folded,  must  be  indorsed,  or  show  upon 
the  outside,  the  words  '^Justices,  number  nine  ;"  and  when 
received  by  the  inspectors  of  election,  must  be  deposited 
in  the  box  marked  number  nine. 

10.  The  names  of  all  persojis  to  be  voted  for  by  any 
elector,  for  Commissioner  of  Common  Schools,  and  Trus- 
tees of  Common  Schools,  are  to  be  upon  a  separate  ballot. 
This  ballot,  on  its  face,  must  contain  a  designation  of  the 
office,  and  the  name  or  names  of  the  person  or  persons  to 
be  voted  for,  or  such  of  them  as  any  voter  may  desire  to 
vote  for;  and,  in  case  any  person  be  voted  for  to  fill  a 
vacancy,  he  shall  be  designated  on  the  ballot  by  the  words 


39 

"  to  fill  a  vacano}',-'  written  or  printed  irainediatcly  over 
his  name,  and  he  shall  be  so  designated  on  the  returns 
of  said  election.  This  ballot,  when  folded,  must  be  in- 
dorsed "  School  Officers,  number  ten ;"  and  when  received 
by  the  inspectors  of  election,  must  be  deposited  in  the 
box  numbered  ten  ;  and  said  votes  shall  be  canvassed  as 
"  number  ten"  in  the  order  of  canvassing  the  votes  at  any 
such  election. 

11.  By  the  act  passed  April  17,  1858,  it  was  provided 
that  there  should  be  elected,  at  the  general  election  to  be 
held  in  the  city  of  New  York,  in  that  year,  and  at  every 
succeeding  general  election,  two  Supervisors,  to  be  voted 
for  upon  a  separate  general  ticket,  but  only  one  name  shall 
be  on  any  one  ticket,  and  any  ticket  having  thereon  more 
than  one  name  for  Supervisor  shall  not  be  counted.  (Laws 
of  1858,  p.  51G.) 

"  This  ticket  shall  contain  a  designation  of  the  office 
and  of  the  name  of  the  person  to  be  voted  for,  and  when 
folded,  shall  be  indorsed,  or  show  upon  the  outside  thereof, 
the  word  "  Supervisor,'^  and  be  deposited  in  a  separate  box, 
marked  ''  Supervisor" 


*  NoTK.— The  Act  of  1858,  Laws  of  1857,  vol.  ii ,  p.  285,  does  not  epccify 
the  box  in  which  this  ticket  or  ballot  shall  be  deposited.  There  must  Ije  a 
separate  box  provided  for  it. 


» 


40 

CHAPTER  V. 
1. — Voting-  and  Challenges. 

Preliminary  Oath  on  Challenge,  and  Examination  of  Voters. 

If  any  person  offering  to  vote  at  any  election  shall  be 
cliallenged  in  relation  to  his  riglit  to  vote  at  that  election, 
by  an  inspector  (and  it  is  by  law  the  duty  of  each  inspector 
to  challenge  every  person  offering  a  vote,  whom  he  shall 
know  or  suspect  not  to  be  duly  qualified  as  an  elector  ; 
Election  Law,  p.  13,  sec.  31),  or  by  any  other  person  enti- 
tled to  vote  at  the  same  poll,  one  of  the  inspectors  shall 
tender  to  him  the  following  preliminary  oath  :  "  You  do 
swear  (or  affirm)  that  you  will  fully  and  truly  answer  all 
such  questions  as  shall  be  put  to  you,  touching  your  place 
of  residence  and  qualifications  as  an  elector."  {Ibid.,  pp. 
10,  11,  sec.  13.) 

The  inspectors,  or  one  of  them,  shall  then  proceed  to 
question  the  person  challenged  in  relation  to  his  name  ; 
his  then  place  of  residence  ;  how  long  he  has  resided  in 
the  town  or  ward  where  the  vote  is  offered  ;  what  was  the 
last  place  of  his  residence  before  he  came  into  that  town  or 
ward  ;  and  also  as  to  his  citizenship,  and  whether  a  native 
or  a  naturalized  citizen  ;  and,  if  the  latter,  when,  where, 
and  in  what  court,  or  before  what  officer  he  was  natural- 
ized ;  whether  he  came  into  the  town  or  ward  for  the  pur- 
pose of  voting  at  that  election  ;  how  long  he  contemplates 
residing  in  the  town  or  ward  ;  and  all  such  other  questions 
as  may  tend  to  test  his  qualifications  as  a  resident  of  the 
town  or  ward,  citizenship,  and  right  to  vote  at  that  poll. 
{Ibid.,  p.  11,  sec.  14.)  As  to  the  nature  of  these  qualifica- 
tions, see  ante  pp.  14,  20. 


33 

at  and  conducting  such  election.     (Election  Law,  page  9, 
sec.  1.) 

No  person  shall  Ijo  eligible  to  appointment  as  such  in- 
spector or  canvasser  unless  he  shall  be,  at  the  time  of  his 
appointment,  a  voter  in  the  ward  containing  the  election 
district  for  which  he  may  be  ajipointcd,  nor  nnless  he  shall 
be  able  to  read  and  write  :  neither  shall  he  act  as  such, 
unless  he  shall  have  taken  an  oath  of  office,  and  subscribed 
the  same  before  the  clerk  of  the  Board  of  Supervisors  ; 
but  any  inspector  or  district  canvasser  appointed  on  the 
Gay  of  an  election,  as  aforesaid,  sliall  take  and  subscribe 
the  oath  of  office  before  the  Supervisors  (or  Supervisor) 
making  such  appoinment.     (Law  of  ISGO,  sec.  2.) 

The  oath  is  as  follows  : 

"  I  do  solemnly  swear  (or  affirm,  as  the  case  may  be), 
that  I  will  support  tlic  Constitution  of  the  United  States 
and  the  Constitution  of  the  State  of  New  York,  and  that 
I  will  faithfully  discharge  the  duties  of  the  office  of 
inspector  of  this  election  according  to  the  best  of  my 
ability." 

The  inspectors  shall  appoint  one  of  their  number  chair- 
man of  the  Board.     (Laws  of  1842,  sec.  2.) 

The  acting  of  any  inspector  elected  or  appointed  before 
the  day  of  election,  without  having  taken  or  subscribed 
the  oath  or  aflirmation  aforesaid,  is  puuishable  as  a  misde- 
meanor.    (Laws  of  1857,  sec.  G.) 

Two  poll  clerks  are  to  1)C  appointed  in  each  election 
district  by  the  Board  of  Police   Commissioners.     (Police 
Law  of  1857,  sec.  28 — Laws  of  1812,  sec.  3.) 
3 


34 

The  clerks  shall  each  take  the  constitutional  oath  of  office, 
which  sliall  be  administered  by  the  chairman  of  tlie  Board. 
(Election  Law,  Sec.  4.) 

This  oath  is  in  the  form  prescribed  for  inspectors,  (as 
a7ite  p.  33)  inserting  clerk  for  inspector. 

Opening'  and  Closing"  of  Polls. 

The  poll  of  each  election  shall  tlien  be  opened,  and 
proclamation  thereof  made,  and  of  the  time  when  the 
same  will  be  closed.     {Ibid.  sec.  5.) 

The  form  of  this  proclamation  is  as  follows  : 

"  Hear,  ye !  hear,  ye  I !  hear,  ye ! ! !  The  poll  of  this 
election  is  opened,  and  all  persons  attending  the  same  are 
strictly  charged  and  commanded,  l)y  the  authority  and  in 
the  name  of  the  people  of  the  State,  to  keep  the  peace 
thereof  during  their  attendance  at  this  election,  upon  pain 
of  imprisonment.  And  all  persons  are  desired  to  take 
notice  that  the  poll  will  be  closed  at  sunset." 

The  poll  in  the  several  election  districts  shall  be  opened 
at  sunrise,  and  shall  be  kept  open  to  the  setting  of  the  sun  ; 
and  no  adjournment  or  intermission  whatever  shall  take 
place  until  the  same  be  closed.     {Ibid.,  sec.  6.) 

Upon  the  adjournment,  the  following  proclamation  is  to 
be  made  : 

"  Hear,  ye  !  hear,  ye  ! !  hear,  ye  ! !  !  The  poll  of  this 
election  is  closed." 


35 


CHAPTER  IV. 

Manner    of    V^otiii;^,  and   Form  of  Ballots,  in 
the  City  of  New   York. 

The  electors  shall  vote  by  ballot ;  and  each  person  offer- 
ing to  vote  shall  deliver  his  ballot,  so  folded  as  to  conceal 
the  contents,  to  one  of  the  inspectors,  in  the  presence  of  the 
Board.     (Election  Law,  p.  10,  sec.  7.) 

The  ballot  shall  be  a  paper  ticket,  which  shall  contain, 
•written  or  printed,  or  partly  written  and  partly  printed, 
the  names  of  the  persons  for  whom  the  elector  intends  to 
vote,  and  shall  designate  the  office  to  which  each  person 
so  named  is  intended  by  him  to  be  chosen  ;  but  no  ballot 
shall  contain  a  greater  number  of  names  of  persons,  as 
designated  to  any  office,  than  there  are  persons^to  be 
chosen  at  tlic  election  to  fill  such  office.     {Ibid.,  sec.  8.) 

1.  The  names  of  all  persons  voted  for  by  any  electors 
at  any  election  for  State  officers,  except  judicial,  are  to  be 
upon  one  ballot.  This  ballot,  on  its  face,  must  contain  a 
designation  of  the  office,  and  the  name  or  the  names  of  the 
person  or  persons  to  be  voted  for,  or  such  of  them  aa  any 
voter  may  desire  to  vote  for,  and wlicn  folded,  must  be  in- 
dorsed with,  or  show  upon  tlie  outside,  the  words  "  State, 
number  two." 

When  received  l)y  the  inspectors  of  election,  it  must  be 
deposited  in  the  box  marked  number  two. 

2.  The  name  of  the  person  voted  for  by  any  elector,  at 
any  election  for  member  of  Congress,  is  to  be  u{)on  a  sepa- 


3G 

rate  ballot.  Tin's  ballot,  on  its  face,  must  contain  a  desig- 
nation of  the  office,  and  the  name  of  the  person  to  be  voted 
for,  and  when  folded,  must  be  indorsed,  or  show  on  the  out- 
side, the  words  "  Cong}-ess,  number  three." 

When  received  by  the  inspectors  of  election,  it  must  be 
deposited  in  the  box  marked  number  three. 

3.  The  name  of  the  person  to  be  voted  for  by  any  elector, 
at  any  election  for  Senator,  is  to  be  upon  a  separate  ballot. 
This  ballot  must,  on  its  face,  contain  a  designation  of  the 
office,  and  the  name  of  the  person  to  be  voted  for,  and  when 
folded  is  to  be  indorsed,  or  show  upon  the  outside,  the 
words  "  Senator,  number  four." 

"When  received  by  the  inspectors  of  election,  it  must  be 
deposited  in  the  box  marked  number  four. 

4.  The  name  of  the  person  voted  for  by  any  elector,  at 
any  election  for  Member  of  Assembly,  is  to  be  upon  a  sepa- 
rate ballot.  This  ballot,  upon  its  face,  must  contain  a 
designation  of  the  office,  and  the  name  of  the  person  to  be 
voted  for,  and  when  folded,  must  be  indorsed  '^Assembly, 
number  live." 

Wlien  received  by  the  inspectors  of  election,  it  must  be 
deposited  in  the  box  marked  number  live. 

5.  The  names  of  all  persons  to  be  voted  for  by  any 
elector,  except  State  and  Judicial,  and  those  to  be  voted 
for  on  separate  ballot,  must  be  on  one  ballot,  which,  on  the 
face  thereof,  shall  contain  a  designation  of  the  office,  and 
the  nain-e  or  names  of  the  person  or  persons  to  be  voted 
foi-,  or  such  of  them  as  any  voter  may  desire  to  vote  for. 


45 

OATH  OP  COLORED  MEN. 

"  You  do  swear  (or  affirm)  that  you  are  of  the  age  of 
twenty-one  years  ;  that  for  tliree  years  you  have  been  a  cit- 
izen of  this  State  ;  tliat  you  have  been  an  inlialjitant  of  tliis 
State  for  one  year  next  preceding  tliis  election,  and  during 
that  time  have  been,  and  that  you  are  now,  seized  and  pos- 
sessed of  a  freehold  estate  of  the  value  of  two  hundred  and 
fifty  dollars,  over  and  above  all  debts  and  encumbrances 
charged  thereon,  and  have  been  actually  rated  and  paid  a 
tax  thereon  ;  and  that  you  liavebeen  for  the  last  four  months 
a  resident  of  this  county  ;  that  you  have  been  for  the  last 
thirty  days  next  preceding  this  election  a  resident  of  this 
assembly  district  (or  senate,  or  congressional  district  or 
districts,  ward,  town,  village,  or  city,  as  the  case  may  be, 
naming  any  or  all  of  the  foregoing  districts,  ward,  town, 
village,  or  city  from  which  the  officer  is  to  be  chosen,  for 
whom  said  person  offers  to  vote);  that  you  are  now  a  res- 
ident of  tliis  town  (or  ward,  as  the  case  may  be),  and  of 
the  election  district  in  which  you  now  offer  to  vote  ;  and 
that  you  have  not  made  any  bet  or  wager,  and  are  not  di- 
rectly or  indirectly  interested  in  any  bet  or  wager  depend- 
ing upon  the  result  of  this  election  ;  and  that  you  have  not 
voted  at  this  election.    (Laws  of  1847,  p.  "2(35,  sec.  12.) 

The  i)rcliminary  oath  must,  in  the  first  instance,  Ije  ad- 
ministered, and  the  necessary  questions  put,  as  in  the  cases 
before  referred  to. 

4.  Persons  Convifted  of  liifanioiis  Crimes. 

If  the  person  l)e  challenged  as  convicted  of  an  infamous 
crime,  he  shall  not  Ijc  i'C(|uirod  to  answer  any  question  in 
relation  to  such  alleged  conviction  ;  nor  shall  any  proof  of 
such  conviction  be  received,  other  than  a  duly  aulhentica- 
ted  record  thereof;  but  if  any  person  so  convicted  shall 


46 

vote  at  any  sucli  election,  unless  he  shall  have  been  par- 
doned, and  restored  to  all  the  rights  of  a  citizen,  he  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction, 
shall  be  imprisoned  in  the  county  jail  for  the  term  of  six 
months.     (Election  Law,  p.  12,  sec.  23.) 

Duties  of  Metropolitan  Police  Commissioners, 
Police,  Ballot  Boxes,  etc. 

It  shall  be  the  duty  of  the  Board  of  Police  to  detail,  on 
the  day  of  any  election,  within  the  cities  of  New  York  and 
Brooklyn,  at  least  two  patrolmen  to  each  election  poll,  and 
shall,  in  and  for  each  of  the  said  cities,  appoint  all  poll 
clerks,  provided  for  by  law,  and  shall,  in  and  for  the  said 
cities,  provide  ballot  boxes  for  use  at  general,  special,  and 
charter  elections,  and  keep  custody  of  the  said  boxes,  ex- 
cept during  the  taking,  receiving,  and  counting  of  the  votes. 
(Laws  of  1857,  vol.  ii.,  p.  212,  sec.  21.) 

The  Board  may  also  appoint  special  patrolmen,  without 
pay,  during  any  day  of  public  elections,  from  among  the 
citizens,  etc.     (Sec.  11,  Act  of  lb57.) 

They  shall  preserve  order  at  every  primary  or  public 
election,     (Laws  of  1857,  sec.  5.) 

It  shall  be  the  duty  of  the  Board  to  prevent  any  booth, 
or  box,  for  the  distribution  of  tickets  at  any  election,  to  be 
erected  or  maintained  within  one  hundred  and  fifty  feet  of 
any  polling  place  within  the  said  districts.  (Laws  of  1857, 
sec.  21.) 

5.    Minutes  of  Challeng^es. 

The  inspectors  of  election  shall  keep  a  minute  of  their 
proceedings  in  respect  to  the  challenging  and  admiuister- 


■'*'.. 


47 

ing  oaths  to  persons  offering  to  vote,  in  wliicli  shall  be  en- 
teretl,  l>y  one  of  them,  the  name  of  every  person  who  shall 
have  taken  the  oatlis  prescribed  by  this  act,  or  cither  of 
them,  specifying,  in  each  case,  whether  the  preliminary 
oath,  or  the  general  oath,  or  both,  were  taken  ;  which 
minute  and  statement  sliall  be  certified  by  such  inspectors, 
and  returned  by  them  to  the  office  at  which  their  return  of 
votes  given  at  such  election  is  made,  and  at  the  same  time, 
and  shall  there  be  Tiled.  Tiie  inspectors  shall  also  direct 
the  clerks  of  the  polls  to  designate,  by  some  appropriate 
mark,  opposite  to  his  name,  every  person  entered  on  said 
list,  who  shall  have  taken  the  said  oaths,  or  either  of  them. 
(Election  Law,  p.  12,  sec.  22.) 

The  first  part  of  this  section  requires  the  keeping  of  a 
minute  of  tlie  challenged  votes  by  the  insjicctors,  in  the 
manner  prescribed,  and  is  entirely  new.  Its  directions 
should  be  strictly  observed. 

The  folloxmng  is  the  form  of  the  Minutes  thus  required,  as 
given  by  tJie  Secretary  of  State  (p.  4S)  : 

"At  the  general  election,  held  in  Election 

District  of  the  AVard  of  the  city  of  New  York,  on 

the  Sth  day  of  November,  1842,  the  following  persons  were 
challenged,  and  respectively  took  the  oath  or  oaths,  as 
stated  below,  to  wit : 

"  Peter  Roe,  John  Den,  and  Joel  Stiles,  each  took  the 

preliminary  oath  ;  whereupon,  the  challenge  was,  in  each 
case,  willidrawn.  * 

"  John  Knox,  Asa  Fen,  and  ha  Dox,  each  took  the  pre- 
liminary and  also  the  general  oath  (or  affirmation,  as  the 

case  may  l.)c). 


48 

"  Wc  certify  that  tJie  above  is  a  true  minute  and  state- 
ment of  the  persons  challenged,  who  took  cither  or  both  of 
tiic  oaths  or  affirmations  required  by  law. 

"  Dated  8th  day  of  November,  1842. 

A.  B.  1 


CD. 
E.  F. 


Inspectors  y 


In  respect  to  the  second  part  of  the  section,  the  Secre- 
tary of  State  (p.  48)  remarks  : 

"  The  Inspectors  must  also  direct  the  clerks  of  the  polls 
to  designate  opposite  to  his  name  on  the  poll  list,  each 
person  who  shall  have  taken  either  or  both  of  said  oaths. 
The  designation. may  be  by  making  in  the  left-hand  margin, 
opposite  to  the  name,  the  initials  P.  0.  for  preliminary 
oath,  and  B.  0.  for  both  oaths." 

For  this  he  gives  the  following  form  of  a  poll  list  (p.  48): 


NAMES    OP    VOTERS, 


p.  0. 
B.  0. 


A.  B. 
C.  D. 
E.  F. 


STATE  BOX. 

1 
1 
1 


SENATE  BOX, 


ASSEMBLY  BOX. 


41 

After  the  administration  of  the  preliminary  oatli,  the 
instructions  prepared  by  tlie  Sccrciary  of  State  (pp.  44, 
45,)  direct  the  inspector  as  follows  : 

"The  inspectors,  or  one  of  them,  is  then  to  put  to  the 
person  challenged,  questions  on  the  several  topics  specified 
in  the  fourteenth  section,  in  the  following  order  : 

1.  What  is  your  name  ? 

2.  Where  do  you  reside  ? 

3.  How  long  have  you  resided  in  this  town  or  ward  ? 

4.  What  was  your  last  place  of  residence  before  you 
came  into  this  town  or  ward  ? 

5.  Arc  you  a  native  or  naturalized  citizen  ? 

[If  the  answer  is  that  he  is  a  naturalized  citizen,  then] 

G.  When,  where,  and  in  what  court,  or  before  what  offi- 
cer were  you  naturalized  ? 

7.  Have  you  been  a  citizen  of  the  United  States  ten 
days  ? 

8.  Are  you  now  a  resident  in  this  ward,  and  of  this 
election  district? 

9.  Did  you  come  into  this  town  or  ward  for  the  purpose 
of  voting  at  this  election  ? 

10.  How  long  do  you  contemplate  residing  in  this  town 
or  ward  ? 

11.  Have  you  been  for  the  last  four  months  a  resident  of 
tliis  county? 


42 

12.  Have  you  l)ccn  an  inliabitant  of  tliis  ward  for  thirty 
days  next  prccedino:  this  election  ? 

13.  Have  you  made  any  bet  or  wager,  or  are  you  inter- 
ested, directly  or  indirectly,  in  any  bet  or  wager,  depend- 
ing on  the  result  of  this  election? 

14.  Have  you  voted  at  this  election? 

"  Only  one  question,  on  each  point  of  examination,  is 
given  above,  in  the  simplest  and  shortest  form.  But  after 
either  of  the  questions  is  put  and  answered,  if  doubts  exist, 
or  further  explanation  is  necessary,  the  inspectors  may 
pursue  the  subject  by  putting  further  questions  on  the  same 
topic.  If,  for  instance,  to  the  question,  '  What  is  your 
name  ? '  the  answer  should  be  '  John  Doe,'  when  any  rea- 
son exists  for  believing  this  to  be  an  assumed  name,  the 
person  challenged  may  be  asked,  '  Have  you  not  lately,  or 
formerly  been  known  by  another  name  ?'  or  any  other  or 
additional  question  or  questions  which  are  deemed  expe- 
dient." 

The  inspectbrs  are  authorized  to  "  question  the  person 
challenged  in  relation  to  his  name,"  and  "  in  relation  to" 
every  topic  embraced  in  the  fourteenth  section.  The 
general  authority  "  to  question  the  person  challenged  in 
relation"  to  each  topic. of  examination,  does  not  mean  that 
only  one  question  shall  be  put  on  each.  On  the  other 
hand,  the  fair  construction  is,  that  every  question  "  in  rela- 
tion to"  each  topic  may  be  asked. 

"The  fourteenth  section  allows  'all  such  other  ques- 
tions as  may  tend  to  test  the  qualifications  of  the  person 
challenged  as  a  resident  of  the  town  or  ward,  citizenship, 
and  right  to  vote  at  the  polls.'  "  These  questions  will,  of 
course,  depend  upon  the  circumstances  of  each  case. 


43 

"The  questions  which  are  authorized  by  the  14tli  sec- 
tion seemed  to  be  based  on  tiie  assumption  that  a  residence 
in  the  town  or  ward  is  sufficient.  This  was  the  case  under 
the  former  law  ;  but  under  the  present  law,  where  a  town 
or  ward  has  been  divided  into  election  districts,  a  resi- 
dence in  the  election  district  where  the  poll  is  held,  except 
only  in  the  case  of  a  non-resident  inspector  (as  to  which,  see 
post),  is  indispensable.  ■  In  all  cases,  therefore,  where  there 
is  any  doubt,  it  will  be  well,  among  other  questions,  to 
put  the  followin<( : 

"  Do  you  now  reside  in  this  election  district?" 

Where  the  lawful  age  of  the  person  cliallengcd  is  ques- 
tioned, the  following  should  be  put  : 

"  Are  you  now  twenty-one  years  of  age?" 

And  all  such  other  questions  as,  under  the  circumstances 
of  the  case  shall  be  deemed  expedient  to  elicit  the  truth 
on  each  topic  of  examination. 

If  any  person  challenged  shall  refuse  to  take  the  prelim- 
inary oath,  or  to  answer  fully  any  questions  put  to  him, 
his  vote  shall  be  rejected.     (Election  Law,  p.  II,  see:  15.) 

After  receiving  the  answer  of  the  person  challenged,  tiic 
Board  of  Inspectors  must  point  out  to  him  the  qualification 
in  respect  to  which  he  shall  appear  to  them  to  be  deficient. 
{Ibid.,  sec.  16.) 

2.  General  Oath. 

If  the  person  so  offering  shall  persist  in  his  claim  to 
vote,  and  the  cliallenge  shall  not  be  withdrawn,  one  of  the 
inspectors  shall  then  administer  to  him  the  following  oath  : 


44 

"  You  do  swear  (or  affirm,  as  tlie  case  may  bo,)  that  you 
have  been  a  citizen  of  the  United  States  for  ten  days,  and 
are  now  of  tlie  age  of  twenty-one  years  ;  that  you  have 
been  an  inlial)itant  of  this  State  for  one  year  next  preced- 
ing this  election,  and  for  the  last  four  months  a  resident 
of  this  county;  that  you  have  been  for  thirty  days  next 
preceding  this  election  a  resident  of  this  assembly  dis- 
trict (or  senate,  or  congressional  district  or  districts, 
ward,  town,  village,  or  city,  as  the  case  may  be  ;  naming 
any  or  all  of  the  foregoing  districts,  ward,  town,  village, 
or  city,  from  which  the  officer  is  to  be  chosen,  for  whom 
said  person  offers  to  vote)  ;  that  you  are  now  a  resident 
of  this  town,  or  ward  (as  the  case  may  be),  and  of  the 
election  district  in  which  you  now  offer  to  vote  ;  and  that 
you  have  not  made  any  bet  or  wager,  and  are  not  directly 
or  indirectly  interested  in  any  bet  or  wager,  depending 
upon  the  result  of  this  election  ;  and  that  you  have  net 
voted  at  this  election."  (Amendatory  Law  of  1847,  p.  20, 
sec.  11.) 

If  any  person  challenged  refuses  to  take  the  "  general 
oath,"  his  vote  m'ust  be  rejected.     {Ibid.,  sec.  19.) 

"  If,"  says  the  Secretary  of  State,  in  his  instructions,  p. 
4G,  "the  person  challenged  takes  the  preliminary  oath, 
and  answers  '  fully'  all  questions  put  to  him,  and  also  takes 
tlie  '  general  oath,'  it  is  believed  that  the  inspectors  would 
be  bound  to  receive  his  ballot,  even  although  they  might 
have  strong  reasons  to  believe  that  he  had  committed  per- 
jury. But  in  such  case  it  would  be  their  duty  to  cause 
legal  proceedings  to  be  immediately  instituted  against 
him  for  the  offense." 

3.  Colored  Persons. 

If  the  person  so  offering  to  vote  be  a  colored  man,  the 
followino:  oath  shall  be  tendered  unto  him  : 


49 


CHAPTER  VI. 

Duties  of  Inspectors  and  Clerks  of  Poll, 
Froiu  the  Offer  oS  the  Vote  to  its  Deposit  iu  the  Box. 

1.— BALLOT  BOXES. 

The  inspectors  shall  keep  a  box,  in  wliich  all  ballots  in- 
dorsed "  Slate,  number  tico,'^  shall  be  deposited  ;  also  a  box, 
in  which  all  ballots  indorsed  "  Cotifrress,  number  three,^' 
shall  be  deposited  ;  also  a  box,  in  which  all  ballots  indorsed 
''  Senator,  number/our,"  shall  be  deposited  ;  also  a  box,  in 
which  all  ballots  indorsed  ^^  Assembly,  number  five, ^'  shall  be 
deposited  ;  also  a  box,  in  which  all  ballots  indorsed  "Ct7y 
and  County,  number  ^/x,"  shall  be  deposited;  also  a  box, 
in  w^hich  all  ballots  indorsed  "  Charter,  number  seven,^' 
shall  be  deposited  ;  also  a  box,  in  which  all  ballots  indorsed 
"Judiciary,  number  eight,"  shall  be  deposited  ;  also  a  box, 
in  which  all  ballots  indorsed  ''Justices,  number  nine,"  shall 
l)e  deposited  ;  also  a  box,  in  which  all  ballots  indorsed 
"  School  Officers,  number  ten,"  shall  be  deposited.  Also  a 
box  marked  "  Supervisors."  (Sess.  Law  of  1855  ;  amended 
by  Police  Act  of  1857,  sec.  '1\,  and  Laws  of  1857,  vol.  ii., 
p.  285.) 

Each  box  shall  be  provided  with  a  snfTicient  lock,  and 
shall  be  locked  before  the  opening  of  the  poll,  and  the  keys 
thereof  delivered  to  one  of  the  inspectors,  to  be  appointed 
by  the  Board,  and  shall  nol  be  opened  durinij  the  election, 
except  in  the  manner  and  for  the  ])urposcs  hereinafter 
mentioned.     (Laws  of  1847,  p.  260,  sec.  14.) 

An  opening;  shall  Ijc  made  in  the  lid  of  each  box,  not 
larger  than  shall  be  sufficient  for  a  single  closed  ballot  to 
4 


50 

be  inserted  tlicrciii  at  one  time,  tliroiigli  wliicli  each  ballot 
received,  proper  to  be  placed  in  such  box,  shall  be  inserted. 
(Ibid.,  sec.  27.) 

Wlien  the  Board  shall  have  finally  received  the  ballot  of 
an  elector,  one  of  the  inspectors,  without  opening  the  same, 
or  permitting  the  same  to  be  opened  or  examined,  shall 
deposit  it  in  the  box  corresponding  in  title  with  the  in- 
dorsement of  the  ballot.     {Ibid.,  sec.  28.) 

The  vote  may  be  challenged  at  any  time  before  the  bal- 
lot has  been  finally  received  ;  and  by  sec.  31,  p.  13,  it  is 
made  the  duty  of  each  inspector  to  challenge  every  person 
offering'  to  vote,  whom  he  shall  know  or  suspect  not  to  be 
qualified  as  an  elector. 

2.— POLL   LISTS. 

Each  clerk  of  the  poll  shall  keep  a  poll  list,  which  shall 
contain  one  column  headed  "JVame^  of  Vutejs,"  and  so 
many  additional  columns  as  there  are  boxes  kept  at  the 
election.  The  heading  of  each  additional  column  shall 
correspond  with  the  name  of  one  of  the  boxes  so  kept. 
(Election  Law,  p.  13,  sec.  29.) 

The  name  of  each  elector  voting  shall  be  entered  by 
each  clerk,  in  the  column  of  his  poll  list  headed  '^  J^ames 
of  Vokrs,"  and  when  there  shall  be  more  than  one  box 
kept,  opposite  such  name  shall  be  written  the  figure  1,  in 
each  column  of  such  poll  list  corresponding  in  its  heading 
with  the  name  of  a  box  in  which  a  ballot  of  tlie  elector 
shall  have  been  deposited.     {Ibid.,  sec.  30.) 

The  form  of  the  poll  list  has  been  given  {mite,  p.  48). 
The  clerks  are  also  to  assist  the  District  Canvassei-s  in  the 
canvass.     (Laws  of  1857,  sec.  4,  vol.  i.,  pp.  596  and  598.) 


51 


CHAPTER  VII. 

Power  and    Duty  of  liis;ieetors  in  Maiiifainiiig^ 

Order. 

The  Board  of  Inspectors  shall  possess  full  authority  to 
maintain  regularity  and  order,  and  to  enforce  obedience  to 
their  lawful  commands  duriuir  an  election,  after  the  closinjr 
of  the  poll,  and  shall  have  full  authority  to  preserve  peace 
and  good  order  at  and  around  the  polls  of  the  election,  and 
to  keep  the  access  thereto  open  and  nnobstructc^^and  may 
appoint  one  or  more  electors  to  communicate  their  orders 
and  directions,  and  to  assist  in  the  performance  of  the 
duties  in  this  section  enjoined,*  (Election  Law,  p.  13, 
sec.  33.) 

If  any  person  shall  refuse  to  obey  the  lawful  command  of 
the  in,'^|)q<;tors,  or,  by  disorderly  conduct,  in  their  presence 
or  hearing:,  shall  interrupt  or  disturb  their  proceedings,  they 
may  make  an  order  directing  the  sheriff,  or  any  constable 
of  the  county,  to  take  the  person  so  offending  into  custody, 
and  detain  him  until  the  final  canvass  of  the  votes  shall  have 
been  completed  ;  but  such  order  shall  not  prohibit  the  per- 
son so  taken  into  custody  from  voting  at  such  elociion. 
{Ibid.,  sec  .  33.) 

Such  order  shall  be  executed  by  any  sheriff  or  constable 
to  whom  the  same  shall  be  delivered  ;  or,  if  none  shall  be 
present,  by  any  other  person  deputed  by  such  Board,  in 
writing.     (Ibid.,  p.  14,  sec.  34.) 

•  The  Act  of  18,i7.h'TeiiiarU'r  n'f<Tretl  to,  amiMuls  this,  andgivra  to  ihc 
district  cuiivasscr.s  (hi;  powiT  formerly  jiotswcttfcd  by  inspectors,  aft-r  the 
CAiivas.«  has"  coinmenccil.  relative  to  preserving  peace,  order.  <'lc.  This  pro- 
vision is  given  to  show  thejimwers  of  both  inspectors  and  canvassers. 


52 

In  reference  to  Uicse  provisions,  the  Secretary  of  State 
has  given  the  following'  instructions  (p.  4G)  : 

"  Whenever  a  collection  of  turbulent  iiuliviiluals  is  antic- 
ipated around  the  polls,  it  will  1)C  well  for  the  inspectors, 
l)articularly  in  the  cities,  on  organizing  themselves  into  a 
Board,  to  a})point  so  many  discreet  electors  as  they  may 
deem  necessary  to  communicate  their  orders  and  directions, 
etc.  And  where  such  an  appointment  is  not  made  at  the 
opening  of  the  poll  it  should  be  made  immediately  on  the 
commencement  of  any  serious  disturbance  or  obstruction. 
And  the  inspectors,  if  the  disturbance  is  out  of  their  sight 
and  hearing  so  that  they  can  not  of  their  own  knowledge 
identify  the  individuals  creating  the  same,  should  cause  their 
command  to  the  offending  individual  or  individuals  to  desist 
immediately  from  such  disturbance  or  obstruction  to  be  dis- 
tinctly communicated  by  some  one  or  more  of  the  electors 
appointed  as  above.  And  on  complaint  being  made  to  them 
that  their  command  is  disregarded,  and  on  causing  notice  to 
be  given  to  the  party  charged  that  the  complaint  has  been 
made,  so  that  he  may,  if  he  chooses  to  do  so,  confront  and 
cross-examine  the  witnesses,  the  inspectors  may  administer 
such  oath  or  oaths  and  examine  such  witness  or  witnesses 
as  arc  necessary  to  establish  the  complaint ;  and  if  the  offense 
is  clearly  established,  they  may  issue  the  precept  which  fol- 
lows, adapting  it  to  the  offense.  (The  authority  for  admin- 
istering the  necessary  oath  or  oaths  in  this  case  will  be 
found  in  the  Rev.  Stat.,  1st  ed.,  vol.  ii.,  p.  352,  sec.  11.) 

The  following  are  the  forms  of  the  precept,  as  given  by 
-the  Secretary  of  State,  in  his  instructions  (p.  47)  : 


r)3 

No.   I. 

Fo7-m  of  a  precept  to  he  issued  hy  the  Inspectors  for  t'le  arrest 
and  detention,  unldlhc  canvass  of  the  votes,  of  any  individual 
who  is  guilty  of  disorderly  conduct  in  the  presence  or  hearing 
of  the  Inspectors. 

"  TIic  People  of  tlic  State  of  New  York,  to  the  SIicrilT  of 
the  city  and  county  of  New  York,  and  to  any  constaldc  of 
the  said  county  :  ^ 

'•  AVhcreas,  at  the  {present  annual  election,  held  in  and  for 
the  Election  District  of  the 

Ward,  of  the  city  of  New  York,  James  Jackson,  in  the 
presence  (or  in  the  hearing)  of  us,  the  undersigned  inspect- 
ors of  the  said  election,  did  by  disorderly  conduct,  to  wit 
(by  loud  and  boisterous  noises,  or  by  violent  stamping,  or 
by  assaulting  John  Poe  and  divers  others,  or  by  commenc- 
ing a  riot,  or  an  affray  with  divers  persons,  as  the  case 
may  be),  interrupt  and  disturb  the  proceedings  of  us,  the 
said  inspectors,  in  conducting  the  said  election  ;  you  are, 
therefore,  hereby  ordered  forthwith  to  arrest  the  said 
James  Jackson,  and  him  safely  detain  in  custody  until  tiic 
final  canvass  of  the  votes  given  in  this  election  district 
shall  be  completed. 

"  Given  under  our  hands  and  seals,  this  8th  d.iy  of 
November,  18     ." 

[This  should  be  signed  l»y  at  least  a  majority  of  the 
inspectors.] 


54 


No.  2. 

Form  of  a  precept  for  the  arrest  ay\d  detention  of  any  person 
who  "  Shall  refuse  to  obey  the  lawful  commands  of  the 
Inspector  s.^^ 

"  The  People  of  the  State  of  New  York,  to  the  Sheriff 
of  the  city  and  county  of  New  York,  and  to  any  constable 
of  said  county  : 

"  Whereas,  at  tlie  |)resent  annual  election,  held  in  and 
for  the  Election  District  of  the  Ward_ 

of  the  city  of  New  York,  James  Jackson  did  willfully  and 
intentionally  obstruct  the  passage  way  to  the  poll  of  the 
said  election,  thereby  hindering  and  preventing-  free  access 
to  the  said  poll,  in  open  and  kno^vn  violation  of  the  com- 
mand of  us  the  undersigned,  inspectors  of  tiiis  election 
previously  and  publicly  given  in  his  hearing  ;  you  are, 
therefore,  hereby  ordered  forthv/ith  to  arrest  the  said 
James  Jackson,  and  him  safely  keep  and  detain  in  custody 
until  the  final  canvass  of  the  votes  given  in  this  election 
district  shall  be  completed. 

"  Given  under  our  hands  and  seals,  this  eighth  day  of 
'November,  184     ." 

[To  be  signed  by  a  majority  of  the  inspectors.] 

If  there  is  no  sherifl"  or  constable  present,  the  Board  of 
Inspectors  may  depute  some  other  person,  in  writing,  on 
the  back  of  the  process,  to  execute  the  same,  as  follows  : 

"  No  sheriff  or  constable  being  present,  we  hereby  de- 
pute John  Doe  to  serve  and  execute  the  within  process.'" 

[To  be  signed  by  a  majority  of  the  Board.] 


55 


No.  3. 


Powers  of  a  Majority  of  i lie  Inspectors,  and  Provisions  ivhere 
a  Majority  do  not  atttnd. 

It  is  provided  ])y  tiic  late  Election  Law,  that  it  shall  be 
lawful  lor  a  majority  of  the  inspectors  of  any  election, 
held  in  pursuance  of  that  act,  to  execute  all  the  trusts  and 
duties  required  to  1)C  executed  by  the  inspectors  of  any 
such  election.     (Election  Law,  p.  -9,  sec.  2.) 

The  persons  so  appointed,  as  provided  in  sec.  1,  Laws  of 
18G0,  shall  take  the  constitutional  oath,  and  continue  to 
act  until  a  majority  of  the  inspectors  shall  attend.  {Ibid., 
sec.  4.) 

The  last  two  sections  provide  merely  for  the  appointment 
(in  case  of  the  absence  of  a  majority  of  the  inspectors)  of 
two  inspectors  to  act  until  their  return.  If  one  only  be 
absent,  the  remaining  inspectors  alone  can  act,  and  the 
place  of  the  absent  inspector  can  not  be  supplied  in  this 
way.  If,  however,  there  be  a  vacancy,  and  not  a  mere 
temporary  absence,  it  must  be  otherwise  supplied. 


f)G 


CHAPTER  VIII. 

Canvass    of  Votes    by   tJic     Ooard   of   District 

Canvassers. 

On  closing  the  polls,  which  must  bo  done  at  sunset,  the 
Board  of  District  Canvassers  arc  required  by  law  to  pro- 
ceed immediately  to  canvass  the  votes. 

As  soon  as  the  polrof  an  election  sliall  have  been  finally 
closed,  the  canvassers  of  the  said  election,  in  their  several 
districts,  shall  j^roceed  to  canvass  the  votes.  Such  canvass 
shall  be  public,  and  shall  not  be  adjourned  or  postponed 
until  it  shall  have  been  fully  completed.  (Election  Law, 
p.  14,  sec.  35,  as  amended  by  act  of  1857,  ante.) 

The  canvass  shall  commence  by  a  comparison  of  the  poll 
lists  from  the  commencement,  and  correction  of  any  mis- 
takes that  ma)^  be  found  therein.    '{Ibid.,  sec.  36.) 

Each  box  being  opened,  the  ballots  contained  therein 
ohall  be  taken  out  and  counted  unopened,  except  so  far  as 
to  ascertain  that  each  ballot  is  single  ;  and  if  two  or  more 
ballots  shall  be  found  so  folded  together  as  to  prevent  the 
appearance  of  a  single  ballot,  they  shall  be  destroyed,  if 
the  whole  number  of  ballots  exceed  the  whole  number  of 
votes,  and  not  otherwise.     {Ibid.,  sec.  37.) 

The  question  whether  pasted  tickets  are  to  be  considered 
as  double  ballots,  so  as  to  require  that  destruction,  although 
it  has  not  been  judicially  determined,  was  considered  by 
the  Board  of  Aldermen,  and  decided  against  the  right  of 
destruction.     Tlie  obvious  meanino:  of  the  law  is  to  author- 


r.7 

ize  the  destruction  only  where,  from  two  Lallots  being 
folded  together,  cither  by  fraud  or  over^iirht  on  the  part  of 
the  voter,  he  has,  in  point  of  fact,  voted  twice.  Ibit  where 
one  ticket  is  so  pasted  over  another  as  to  show  the  clear 
intention  of  the  voter  to  vote  but  one  ticket,  the  ballot 
must  be  counted. 

The  provisions  of  the  present  law  <]ifi'ci-  a]<o  Irmn  the 
former  (I  R.  S.,  188,  sec.  4:})  in  this,  that,  by  the  former 
law,  if  two  or  more  ballots  were  found  so  folded  tofrether 
as  to  present  the  appearance  of  a  siiurle  ballot,  they  were 
absolutely  required  to  be  destroyed  ;  while,  by  the  present 
law,  they  are  to  be  destroyed  only  "  if  the  whole  number 
of  ballots  exceed  tlic  whole  number  of  votes,  as  ascertained 
by  a  comparison  of  the  baUots  with  the  poll  lists,  and  not 
otherwise." 

After  providini^  that  no  ballot,  properly  indorsed,  Umm\ 
in  a  box  difterent  from  tliat  desiirnated  l»y  surh  indorse- 
ment, shall  be  rejected,  but  shall  be  counted  in  the  same 
manner  as  if  found  in  the  box  desi<rnated  by  such  indorse- 
ment, ])rovi(]i'd  that  liy  coMntiMi;  of  such  ballot  oi-  ballots 
it  shall  not  prodm-o  an  excess  of  votes  ovor  the  number  of 
voters,  as  designated  on  the  poll  list  (Election  Law,  p.  14, 
sec.  38),  the  act  goes  on  to  provide,  that  if  the  ballots  shall 
be  found  to  exceed  in  numlier  the  whole  number  of  votes 
on  the  corresponding  columns  of  the  poll  list,  they  shall  be 
replaced  in  the  box,  and  one  of  the  canvassers  shall,  with- 
out seeing  the  same,  publicly  draw  out  and  d<'stroy  so  many 
ballots,  unopened,  as  sliall  be  ecjual  to  such  excess.  ( P'iil., 
sec.  39  ;  amended  1857.) 

The  Board  sliall  then  jiroceed  to  canvass  and  estimate 
the  votes.     {Ibid.,  sec.  40.) 


58 

If,  after  liaviiif^  opened  or  canvassed  the  ballots,  it  should 
be  found  tliat  tlie  whole  numljcr  of  them  exceeds  the  \vho]e 
number  of  voters  entered  on  the  poll  lists,  the  canvassers 
shall  return  all  the  ballots  into  the  box,  and  shall 
thoroughly  mingle  the  same,  and  one  of  the  cauvAssers,  to 
be  designated  by  the  Board,  shall  publicly  draw  out  of  such 
box,  without  seeing  the  ballots  contained  therein,  so  many 
of  such  ballots  as  shall  be  equal  to  the  excess,  which  shall 
be  forthwith  destroyed.  {Ibid.,  sec.  41,  as  amended 
1857.) 

The  canvass  shall  be  completed  by  ascertaining  how 
many  ballots  of  the  same  kind,  corresponding  in  respect 
to  the  names  of  persons  thereon,  and  the  offices  for  which 
they  are  designated,  have  been  received;  and  the  result 
being  found,  the  canvassers  shall  securely  attach  to  a  state- 
ment of  such  canvass  one  ballot  of  each  kind,  found  to 
have  been  given  for  the  officers  to  be  chosen  at  such  elec- 
tion, any  or  either  of  them,  except  those  giving  for  electors 
of  President  and  Vice-President;  and  they  shall  state  in 
words,  at  fidl  length,  inmicdiatcly  opposite  such  ballot,  and 
written  partly  on  such  ballot,  and  partly  on  the  paper  to 
which  it  shall  be  attached,  the  whole  number  of  all  ballots 
that  were  received,  which  correspond  with  the  one  so  at- 
tached, so  that  one  of  each  kind  of  the  ballots  received  at 
such  election  for  the  officers  then  to  be  chosen  shall  be 
attached  to  such  paper,  with  a  statement  of  such  canvass. 
They  shall  also  attach  to  such  paper  the  original  ballots 
rejected  by  them  as  being  defective,  which  were  given  at 
such  election.  {Ibid.,  pp.  14,  15,  sec.  42,  as  amended 
1857.) 

In  regard  to  the  question  as  to  what  are  defective  bal- 
lots, the  Secretary  of  State,  in  his  instructions  (pp.  50,  51,) 


59 

observes:  "All  l)allots  wliieli  are  so  irregular,  ainliij^tious, 
or  informal,  that  they  can  not  be  canvas.«ecl,  arc  denom- 
inated'defective  ballots/ and  must  be  rejected.  All  the 
defective  ballots  which  have  been  rejected  must  be  at- 
tached to  the  statement  containing  the  canvass,  by  wafers 
or  otherwise,  and  returned,  with  the  original  canvass,  to 
the  Board  of  County  Canvassers.  Ballots  may  be  defect- 
ive in  various  ways  ;  as,  for  example  :  If  under  the  desig- 
nation '  For  Governor,'  two  or  more  names  should  be  writ- 
ten or  printed,  the  ballot  would  be  defective.  If,  under 
the  words  '  For  Member  of  Assembly,'  or  '  Coroner,'  more 
names  than  there  are  officers  of  the  particular  description 
to  be  elected  should  be  inserted,  the  ballot  would  be  de- 
fective. If  names  are  given  without  a  designation  of  the 
offices,  the  ballot  is  defective.  If  several  designations  of 
offices  are  united,  as  '  For  Assembly  and  Coroners,'  the 
names  attached  to,  or  in  connection  with,  such  blended 
designations  can  not  be  canvassed,  and  the  ballot  is  defect- 
ive. If  the  Christian  name  or  surname  only  is  given,  the 
ballot  is  defective;  but  well-known  and  established  abbre- 
viations of  Christian  names  :  as  Wm.  for  William,  Jno. 
for  Jolm,  Al)in.  for  iVliraliam,  etc.,  ought  not  to  be  deemed 
dcrcclive,  l^ecausc  the  nieaning  is  as  clearly  conveyed  as 
though  the  names  had  been  written  at  full  length.  Where 
a  name  is  misspelled,  if  the  sound  is  conveyed,  the  ballot 
should  be  counted  :  as  Jacub  for  Jacob,  Jonson  for  John- 
son, etc.  AVhere  there  is  reasonable  doubt,  that  is,  where 
two  conllicliiig  constructions  can  be  fully  given  to  the 
ballot,  it  is  defective." 

A  question  may  arise  whether  the  whole  ballot  ought  to 
be  rejected  as  defective,  if  it  should  contain  a  greater  num- 
ber of  names  for  any  one  office  than  thqre  arc  persons  to  be 
chosen  to  fill  the  same?     It  would  seem  to  be  very  obvious 


60 

that  tliat  ballot  sliould  only  bo  confiiflorod  as  dofcctivc  in 
regard  to  the  particular  office  referred  to,  and  that  the  will 
of  the  elector,  as  res})ects  other  officers,  for  which  he  has 
correctly  voted,  should  not  be  defeated.  At  the  completion 
of  the  canvass  of  each  box,  the  chairman  of  the  canvassers 
shall  make  public  oral  proclamation  of  the  whole  number 
of  votes  in  each  box,  and  the  whole  number  given  for  each 
person,  with  the  name  of  the  office  to  which  such  person 
was  named  on  the  ballot.     (Law  of  1855,  as  amended  1857.) 

The  statements  to  be  made  by  the  canvassers  shall  con- 
tain a  caption,  stating  the  day  on  which,  and  tlie  number  of 
the  district,  tlie  ward,  and  the  county  at  Avhicli,  the  election 
was  held,  in  relation  to  which  such  statement  shall  be  made  ; 
it  sliall  aL:o  contain  a  statement  showing  the  whole  number 
of  ballots  taken  for  each  person,  designating  tlie  office  for 
which  they  are  given,  which  statement  shall  be  written  in 
words  at  length,  and  at  tlie  end  thereof,  a  certificate  that 
sucli  statement  is  correct  in  all  respects,  which  certificate 
shall  be  subscribed  by  the  canvassers.  {Ibid.,  sec.  44,  as 
amended  1857.) 

The  forms  of  the  election  returns  will  1)C  furnished  by  the 
clerk  of  the' county  to  the  canvassers  of  the  several  districts. 
(As  amended  1857.) 

After  the  returns  have  been  made  out  and  signed  by  the 
canvassers  of  the  several  districts,  it  is  provided  by  an  or- 
dinance, passed  by  the  Common  Council  and  approved  by 
the  Mayor  on  the  7th  September,  1842  (pursuant  to  an  act 
in  relation  to  elections  in  the  city  of  Now  York,  passed 
April  8,  1842),  that  the  chairman  of  each  election  district, 
who  is  appointed  by  the  canvassers  of  election  of  such  dis- 


61 

trict  at  llie  opciiiooj  of  tlic  poll,  .-luill  cause  a  true  return  of 
the  votes  given  for  each  person  voted  for  in  his  district,  to 
be  fdcd*  with  the  county  clerk,  according  to  law,  certiried 
by  the  canvassers  of  said  election  ilistrict,  as  ajucnded  by 

the  act  of  1857. 

The  amended  charter  of  1S57,  hcclion  5o,  provides  that 
the  returns,  at  all  charter  elections,  shall  "be  filed  by  the  dis- 
trict canvassers  in  the  several  districts,  with  tlie  clerk  of 
the  Common  Council,  witliin  twenty-four  hours  after  the 
l)olls  are  closed. 

It  is  also  required  by  the  Election  Law,  that  the  poll  list 
kept  at  such  election  shall  be  liled  by  the  canvassers,  or  one 
of  them,  in  tlie  office  of  the  clerk  of  the' city  and  county  iji 
which  such  election  was  held, and  shall  there  be  preserved. 
{Ihid.,  sec.  4G,  amended  1857.) 

Tiic  remaining  ballots,  not  so  posted  or  attached,  shall 
be  destroyed  ;  and  the  Board  of  Canvassers  shall  be  dis- 
solved.    {Ibid.,  sec.  -17.  amended  act,  1857.) 


To  Ciiiivassurs  of  EJoctioii. 

To  Canvassers  of  the  Election  to  l)C  held  on  Tuesday,  J\oi'- 
emher  8,  1804. — At  a  meeting  of  the  Board  of  Supervis- 
ors the  following  resolution  and  instructions,  i)resented  by 
Supervisor  Piirdy,  were  unanimously  adoptetl  : 

Resolved,  That  the  county  of  New  York  be  and  i.s  liereljy 
divitled  for  tiie  next  election  into  twelve  return  districts, 
as  follows  : 

•  The  returns  of  the  Novcmlwr  eleclioii  ar.*  to  l>c'  fiU-d  in  the  otBcc  of  the 
county  clerk,  ami  rcturng   of  Ihc  DuccmlMT  diction  with  Ihc  clrrk  of  iho 

Cominon  Cuuncil. 


62 

First  District,  composed  of  the  First,  Second,  and  Third 
Wards. 

Second    District,   coraposed  of  the  Fourth   and   Sixth 
"Wards. 

Third  District,  composed  of  the  Seventh  and  Thirteenth 
Wards. 

Fourth  District,  composed  of  the  Fifth,  Ninth,  and  Tenth 
Wards. 

Fifth   District,  composed  of  the  Eleventh  and  Seven- 
teenth Wards. 

Sixth  District,  composed  of  tlie  Eighth  and  Fourteenth 
Wards, 

Seventii  District,  composed  of  the  Fifteenth  «Ward. 

Eiglitli  District,  composed  of  the  Sixteenth  and  Twen- 
tieth Wards, 

Ninth  District,  composed  of  the  Eighteenth  Ward. 

Tcntli  District,  composed  of  tlic  T\vent3^-rirst  Ward. 

Eleventh  District,  composed  of  the  Nineteenth  Ward. 

Twelfth  District,  composed  of  the  Twelfth  and  Twenty- 
second  Wards. 

And  that  the  Chairman  of  each  Board  of  Canvassers  of 
the  several  election  districts,  in  each  return  district,  shall 
return  tlie  original  statements,  together  with  a  cop}'  of  the 
poll  list,  at  the  general  election  to  be  held  in  November, 
and  deliver  the  same  to  the  Supervisor  who  is  herein  desig- 
nated for  receiving  the  same. 


63 

Supervisor  Shook  is  IicrcV)y  designated  to  receive  tlic 
oriiriiial  returns  from  the  canvassers  of  the  First  Return 
District,  at  No.  7  City  Hall. 

Supervisor  Roche  is  hereby  designated  to  receive  the 
original  returns  from  the  canvassers  of  the  Second  Return 
District,  at  No.  51 1  Pearl  Street. 

Supervisor  Tweed  is  hereby  designated  to  receive  the 
original  returns  from  the  canvassers  of  the  Third  Return 
District,  at  No.  237  Broadway. 

Supervisor  Piirdy  is  hereby  designated  to  receive  the 
original  returns  from  the  canvassers  of  the  Fourth  Return 
District,  at  No.  7  City  Ilall. 

Supervisor  Little  is  hereby  designated  to  receive  the 
original  returns  fron  the  canvassers  of  the  Fifth  Return 
District,  at  No.  48  East  Eleventh  Street. 

Supervisor  Smith  is  hereby  designated  to  receive  the 
original  returns  from  the  canvassers  of  the  Sixth  Return 
District,  at  No.  7  City  Hall. 

Supervisor  Rlunt  is  hereby  designated  to  receive  the 
original  returns  from  the  canva.ssers  of  the  Seventh  Return 
District,  at  No.  118  Ninth  Street. 

Supervisor  Stewart  is  herHy  designated  to  receive  the 
original  returns  from  the  canvassers  of  the  Eighth  Ivcturn 
District,  at  No.  113  West  Thirty-third  Street. 

Supervisor  Briggs  is  hereby  designated  to  receive  the 
original  returns  from  the  canvassers  of  the  Ninth  Return 
District,  at  No.  7  City  Hall. 


G4 

Supervisor  l^]Iy  is  hereby  dcsignatctl  to  receive  tlie 
original  returns  from  the  canvassers  of  the  Tenth  Return 
District,  at  No.  101  Gold  Street 

Supervisor  Conner  is  ]ierel)y  designated  to  receive  the 
original  returns  from  the  canvassers  of  tlie  Eleventh  Return 
District,  at  the  corner  of  Reade  and  Centre  Streets. 

Supervisor  Davis  is  hereby  designated  to  receive  the 
original  returns  from  the  canvassers  of  the  Twelfth  Return 
District,  at  No.  7  City  Hall. 

Henry  W.  Genet, 

County  Clerk. 

A  true  copy  of  the  several  statements  made  by  the  can- 
vassers sliall  be  made  and  certified  by  them,  and  imme- 
diately filed  liy  them  in  the  office  of  the  clerk  of  the  city 
and  county.      {Ibid.,  p.  15,  sec.  45,  amended  1857.) 

The  poll  lists  kept  at  such  elections  shall  be  filed  by  the 
canvassers,  or -one  of  them,  in  the  office  of  the  clerk  of  tlie 
city  and  county  in  which  such  election  was  lield,  and  shall 
be  there  preserved.     {Ibid.,  sec.  46,  amended  1857.) 

If,  at  a  meeting  of  the  county  canvassers,  it  shall  ap- 
pear that  the  notes  of  any  one  of  the  election  districts  have 
been  lost,  or  for  any  reason(J|iall  not  be  returned  by  the 
chairman  of  such  election  district,  the  county  canvassers 
must  proceed  and  canvass,  and  return  the  votes  from  the 
other  districts.  This  question  was  settled  by  the  Supreme 
Court,  in  the  matter  of  the  New  York  charter  election  of 
1842  ;  where  it  was  contended  that  the  loss  of  the  votes  of 
one  of  the  four  districts  into  which  the  Sixth  Ward  was 


G5 

divided,  defeated  tlic  election  in  that  ward.  The  follow- 
inir  was  the  0|iiiiion  ofihe  Supreme  Coiiit  iii)On  that  point, 
which  was  iiiiaiiimoti.sly  aOinucd  by  tlic  Court  for  the  Cor- 
rection of  Ei-i'ors  : 

"The  loss  of  tlic  vote  in  one  of  the  four  districts  into 
which  the  Sixth  Ward  was  divided  did  not  defeat  the 
election  in  that  ward.  If  the  votes  of  tlie  First  District  arc 
to  he  considcrcil  as  wholly  out  of  the  question,  in  conse- 
quence of  the  riotous  proceedings  which  drove  the  inspect- 
ors from  the  room  where  thcv  were  canvassinfr,  the  result 
of  the  election  must  then  be  determined  from  the  votes  in 
the  Uii'cc  remaining  districts." 


66 


CHAPTER  IX. 
City    Canvassers. 

The  amended  charter  of  1857,  laws  of  1857,  page  894, 
section  53,  provides  that  all  the  provisions  of  law  upw  in 
force,  in  regard  to  the  notification,  duration,  conduct  of 
election,  and  canvassing  of  votes  at  general  election,  shall 
apply  to  the  first  election  provided  for  herein,  and  to  each 
annual  election  of  charter  officers,  except  that  the  returns 
of  all  elections  provided  for  by  tliis  act  shall  be  filed  by  the 
district  canvassers  in  the  several  districts,  with  the  clerk 
of  the  Common  Council,  within  twenty-four  hours  after  the 
polls  are  closed  ;  and  the  said  returns  shall  be  canvassed 
by  the  Board  of  Aldermen,  sitting  as  a  Board  of  City  Can- 
vassers. The  clerk  of  the  Common  Council  shall  be  clerk 
to  the  said  Board  of  City  Canvassers,  and  the  said  Board 
shall  meet  on  the  Thursday  succeeding  such  election,  and 
shall,  within  ten  days  thereafter,  wholly  complete  such  can- 
vass, and  file  within  the  same  time  duplicate  statements  of 
the  result  in  the  respective  offices  of  the  Clerk  of  the  Com- 
jnon  Council  and  County  Qjlerk. 


C7 


CHAPTER   X. 

Board  of  County   Canvassers  and   their    I'ro- 
eeediii^s. 

The  Board  of  County  Canvas.'scrs  consists  of  tlin  Super- 
visors, to  wlioni  the  original  canvass  is  delivered  by  tiie 
several  district  canvassers,  as  prescribed  in  the  following 
provisions  :* 

The  Supervisors,  to  whom  the  original  statements  of  tlio 
canvass  of  votes,  in  towns  or  wards  to  which  they  respect- 
ively belong  shall  have  been  delivered,  shall  form  the 
Board  of  County  Canvassers.  (Election  Law,  p.  27, 
sec.  1.) 

They  shall  meet  at  the  office  of  the  clerk  of  the  county, 
on  the  Tuesday  next  following  tlie  election,  before  one 
o'clock  in  the  afternoon  of  that  day,  and  shall  choose  one 
of  their  number  as  chairman.     {Ibid.,  sec.  2.) 

(The  forms,  in  compliance  with  the  above  provisions,  are 
furnished  by  the  clerk  of  the  county.) 

The  clerk  of  the  county,  or,  in  his  absence,  his  deputy, 
shall  be  secretary  of  the  Board.     {Ibid.,  sec.  3.) 

The  chairman  shall  then  administer  the  constitutional 
oath  to  each  member  of  the  Board,  and  the  same  oath 
shall  be  administered  to  him  by  the  secretary.  {Ibid., 
sec.  4v) 

•  The  Siipervi5or8  attending  as  mcmbcru  of  Ihe  Board  of  County  Can- 
vassera  t>liall  itot  nceivc  compensation  for  a  greater  p<iiiMl  th  in  ton  daji 
for  canvairsing  the  votes  of  any  cltclion.     (Laws  of  18j7,  vol.  ii.,  286.) 


fi8 

Tlio  foi-m  of  tlic  oath  is  tlic  ?fiine  as  in  llic  case  of  an 
iiii-pcctor  {anic,  p.  3:5),  substituting^  tlic  words  "  County 
Canvasser  of  llie  city  and  county  of  New  York,"  for  the 
words  "  lns|)ector  of  this  Election." 

The  original  statements  of  the  canvass  in  each  district 
sliall  then  be  produced,  and  fi-oin  thetn  the  Board  shall 
proceed  to  estimate  the  votes  of  the  county,  and  sliall  make 
such  statements  thereof  as  the  nature  of  the  election  shall 
require;  such  statement  shall  then  be  delivered  to,  and 
deposited  with,  the  county  clerk.  (Election  Law,  p.  16 
sec.  6.) 

They  shall  make  a  separate  statement  containing  the 
whole  number  of  votes  given  in  such  county  for  the  ofiGce 
of  Governor,  Lieutenant-Governor,  Judge  of  the  Court  of 
Appeals,  Justice  of  the  Supreme  Court,  Clerk  of  the  Court 
of  Appeals,  Secretary  of  State,  Comptroller,  Treasurer, 
x\ttorney-General,  State  Engineer  and  Surveyor,  Canal 
Commissioner,  Inspector  of  State  Prisons,  Senator  in  each 
district,  or  any  or  either  of  them  :  the  name  of  the  per- 
sons for  which  such  votes  were  given,  and  the  number  of 
votes  given  for  each  ;  another  of  tlie  votes  given  for  all 
county  officers,  any  or  either  of  them  ;  anotiier  of  the  votes 
given  for  Member  of  Assembly,  in  each  Assembly  District : 
and  another  of  the  votes  given  for  Electors  of  President, 
and  Vice-President  ;  and  another  of  the  votes  given  for 
any  proposed  amendment  of  the  Constitution.  (Laws  of 
1847.  p.  2ii6.) 

\\\  such  statement,  the  whole  number  of  votes  given  in 
each  town  and  district,  the  names  of  the  candidates,  and 
the  number  of  votes  given  to  each,  shall  be  written  out  in 
words  at  full  length.     (Laws  of  1842,  p.  17,  sec.  8.) 


69 

Eacli  statement  sliall  l>c  certified  as  correct,  and  at- 
tested by  the  signatures  of  tlic  chairman  and  secretary  of 
the  Board  ;  and  a  copy  of  each,  thus  certified  and  attested, 
shall  be  delivered  to  the  county  clerk,  to  be  recordi-'d  in 
liis  ofiicc.     (Ibid.,  sec.  9.) 

Upon  the  statement  of  voles  given  for  members  of 
Assembly  and  county  officers,  the  Board  shall  proceed  to 
dcteriitinc  what  person  or  persons  have,  by  the  greatest 
number  of  votes,  been  duly  elected  to  each  of  the  offices 
mentioned  in  each  statement.     {Ibid.,  sec.  10.) 

The  Board  shall  cause  a  copy  of  every  such  determina- 
tion, and  of  the  statement  upon  \vhi<;h  it  shall  be  made,  to 
be  published  in  one  or  nunc  of  the  ne\vsi)a[)Cr.s  printed  in 
the  county.     (Mid.,  sec.  11.) 

If  any  one  of  the  canvassers  a|)pointed  to  attend  the 
county  canvass  shall  bo  unable  to  attend  the  meeting  of 
the  Board  on  the  day  appointed  for  such  meeting,  he  shall, 
on  or  before  that  day,  cause  to  be  delivered,  at  the  office 
of  the  county  clerk,  the  original  statement  of  the  votes  of 
his  town  or  ward.     (Ibid.,  sec.  12.) 

If,  on  that  day,  a  majority  of  the  county  canvassers  shall 
not  attend,  or  the  statements  of  the  votes  from  every  dis- 
trict in  the  county  shall  not  be  produced,  the  canvassers 
then  present  shall  adjourn  to  some  convenient  hour  of  the 
next  day.     {Ibid.,  sec.  13.) 

At  that  hour  they  shall  again  meet,  and  the  canvas.scrs 
tlien  attending,  although  less  than  a  majority  of  the  whole, 
shall  oiganize  ihemselves  as  a  Board  ;  and,  n|)OM  the  state- 
ment, or  certified  copies  thereof,  then  produced,  shall  pro- 


70 

cecd  to  estimate,  state,  and  certify  the  votes  of  the  county 
in  the  manner  before  directed.     {Ibid.,  sec.  14.) 

If,  upon  proceeding  to  canvass  tiie  votes,  it  shall  clearly 
appear  to  the  canvassers  that  in  any  statement  produced 
to  them,  certain  matters  are  omitted  in  sucli  statement, 
which  should  have  been  inserted  ;  or  that  any  mistakes, 
which  are  clerical  merely,  exist,  tliey  shall  cause  the  state- 
ment to  be  sent  by  one  of  their  number  (whom  they  shall 
depute  for  that  purpose)  to  the  district  canvassers  from 
whom  they  were  received,  to  have  the  same  corrected  ; 
and  the  said  canvasser  so  deputed  shall  immediately'  pro- 
ceed and  give  notice  to  the  said  district  canvassers,  whose 
duty  it  shall  be  forthwith  to  assemble  together,  and  make 
such  correction  as  the  facts  of  the  case  require  ;  but  such 
district  canvassers  shall  not,  at  any  such  meeting,  change 
or  alter  any  decision  before  made  by  them,  but  shall  only 
cause  their  canvass  to  be  correctly  stated  ;  and  the  Board 
of  County  Canvassers  are  authorized  to  adjourn  from  day 
to  day  for  the  purpose  of  obtaining  and  receiving  such 
statement,  such  adjournment  not  to  extend  beyond  three 
days.     {Ibid.,  pp.  17,  18,  sec.  15.) 

For  the  purpose  of  enabling  the  county  canvassers  to 
make  their  canvass,  the  county  clerk  shall  deliver  to  the 
Board  of  County  Canvassers  all  the  certified  statements 
of  the  votes  taken  in  each  town  or  ward  at  the  next  pre- 
ceding election,  that  shall  have  been  received  at  his  office. 
{Ibid.,  p.  18,  sec.  16.) 

If,  on  the  day  appointed  for  the  meeting  of  the  Board  of 
County  Canvassers,  the  Board  shall  not  have  been  organ- 
ized, owing  to  a  deficient  return  of  the  votes  of  the  county, 
the  county  clerk  shall,  by  a  special  messenger  or  other- 


71 

wise,  obtain  necessary  statements  or  certified  copies  there- 
of, in  time  to  be  produced  to  the  Board  at  their  next  meet- 
ing.    (Ibid.,  sec.  17.) 

Tlie  Board  of  County  Canvassers,  in  addition  to  the 
powers  above  specified,  arc  invested  l)y  law  with  the  power 
to  order  special  elections,  in  case  any  one  or  more  mem- 
bers of  Assembly,  or  county  officers,  viz.,  Sheriff,  County 
Clerk,  Coroner,  or  Re<^ster,  shall  not  have  been  chosen 
by  reason  of  two  or  more  candidates  having  received  an 
equal  number  of  votes  for  the  same  office.  (Election  Law, 
p.  2,  sec.  6,  subd.  1  ;   and  p.  3,  sec.  10.) 

In  reference  to  such  special  election,  it  is  provided,  that 
when  a  special  election  shall  be  necessary,  in  the  case  of  an 
equality  of  votes  provided  for  in  the  second  title  of  the 
act,  the  Board  of  Canvassers,  having  power  to  determine 
on  the  election  of  the  officer  omitted  to  be  chosen,  shall, 
without  delay,  direct  and  cause  to  be  delivered  to  the 
sheriff,  clerk,  or  first  judge  of  each  county  in  the  district, 
or  of  the  county  in  which  such  election  is  to  be  held,  a  no- 
tice specifying  the  officer  to  be  chosen,  the  tinie  for  which 
lie  is  to  be  chosen,  and  the  day  on  which  such  election  is 
to  be  held  ;  which  day  shall  not  be  less  than  twenty,  nor 
more  than  forty  days  from  the  date  of  such  notice.  {Ibid., 
p.  5,  sec.  9.) 

And  the  notice  of  such  an  election,  if  ordered  by  the 
County  Canvassers,  shall  be  signed  by  the  chairman  and 
clerk  of  the  Board.     (Ibid.,  sec.  7.) 

NoTK.— TLis  Buttrd  dwa  not  cauvoss  rcluru?  for  cbarter  elcclionR. 


72 

CHAPTER  XL 
Penalties. 

It  is  not  within  tlie  scope  of  this  siimmary  to  consider 
tlie  various  provisions  of  the  statute  defining  or  providing 
for  the  punisliraent  of  offenses  against  the  purity  of  elec- 
tions, and  which  are  contained  in  the  seventh  title  of  the 
late  act,  [)p.  26,  '18.  There  are  tliree  sections,  however, 
which  it  is  proper  to  notice.  The  third  section  of  tliat  title 
provides,  that  if  any  officer  on  wiioni  any  duty  is  enjoined 
in  tiiat  act,  or  in  any  statute  I'clating  to  elections,  shall  be 
guilty  of  any  willful  neglect  of  such  duty,  or  of  any  cor- 
rupt conduct  in  the  execution  of  the  same,  and  he  thereof 
convicted  he  shall  be  deemed  guilty  of  a  misdemeanor,  pun- 
ishable by  fine  or  imprisonment  ;  the  fine  in  no  case  to  ex- 
ceed the  sum  of  five  hundred  dollars,  nor  the  imprisonment 
for  the  term  of  one  year.     {Ibid.,  p.  2G,  sec.  3.) 

The  ninth  section  of  the  same  title  provides,  th.at  if  any 
person  shall  willfully  disobey  any  lawful  commands  of  the 
Board  of  Inspectors  of  any  election  ;  or  shall  willfully  and 
without  lawful  authority,  obstruct,  hinder,  or  delay  any 
elector  on  his  way  to  any  poll  where  an  election  shall  be 
held  :  or  while  he  is  exercising,  or  attempting  to  exercise, 
the  right  of  voting  ;  or  shall  aid  or  assist  in  such  obstruc- 
tion or  delay,  he  shall,  on  conviction,  be  adjudged  guilty 
of  a  misdemeanor,  and  be  fined  in  a  sum  not  exceeding  two 
hundred  and  (ifty  dollars,  and  may  be  imprisoned,  in  the 
discretion  of  the  court,  for  not  more  than  six  months. 
(Ibid.,  p.  27,  sec.  9.) ' 

By  the  14th  section  of  the  same  title  it  is  made  the  duty 


78 

of  every  inspector  of  elections,  slierlffs,  constables,  and 
justices  of  tlic  peace  within  tliis  State,  knowinu^  that  an 
offense  has  been  conunittod  nn<ler  this  act,  or  having;  L'ood 
reason  to  liclievo  that  an  offense  has  been  committed,  to 
give  information  thereof  to  tiie  District  Attorney  of  the 
county  in  which  the  offense  shall  have  been  coniinittcd, 
whose  duty  it  shall  be  to  adopt  effectual  measures  for  llio 
punishment  of  persons  violating  the  provisions  of  this  act. 
{Ibid.,  sec.  14.) 

It  is  unlawful  f(jr  any  j)er?on  to  keep  or  dispose  of  any 
intoxicating  liquoi's  upon  any  day  of  public  election  within 
the  Metropolitan  Police  District. 

The  penalty  for  each  offense  is  fifty  dollars,  to  be  pued 
for  and  recovered  in  the  name  of  the  people  of  the  Slate 
of  New  York,  by  the  District  Attorney  of  the  county 
wherein  the  offense  is  connnitted,  for  the  benefit  of  the 
Police  Contingent  Fund.     (Laws  of  1857,  sec.  21.) 

It  shall  be  a  misdemeanor,  piwushablo  by  imprisonment 
in  the  county  jail  or  ])enitentiary,  if  there  be  a  penitentiary 
in  the  county  where  the  conviction  is  had.  not  less  than  one 
year,  nor  exceeding  two  years  ;  or  by  a  fine  not  less  than 
two  hundred  and  fifiy  dollars,  for  any  i)crs()n,  without 
justilialilo  or  excusal>lc  cause,  to  use  jjcrsonal  violcnci^  upon 
any  elector  in  the  Mctrojiolitan  Police  District,  or  upon 
any  member  of  the  police  thereof,  when  in  the  di.*<charge  of 
his  duty,  or  for  any  snch  member  to  neglect  making  any 
arrest  for  an  offense  against  the  law  of  the  State,  commit- 
ted in  his  presence,  or  for  any  person' not  a  member  of  tho 
police  force  to  fal.sely  re|)rescnt  himself  as  being  such  mem- 
ber, with  a  fraudulent  dc.-ium.     (Laws  of  183/,  scc.  1:-.) 


CHAPTER  XII. 
Ballot-Boxes  for  the  General  Election. 

Thr  Ballot-Boxes  for  the  election  to  be  held  on  the 
Tuesday  succeeding  the  first  Monday  of  November,  18G4, 
will  be  seven. 

They  are  marked  as  follows  : 
President No.  1. 

State No.  2. 

Congress No.  3. 

Assembly -        -  No.  5. 

City  and  County No.  6. 

Judiciary No.  8. 

Supervisor 

Uallot- Boxes  for  the  Charter  Election. 

The  ballot-boxes  for  the  Charter  Election  to  be  held  on 
the  first  Tuesday  in  December,  1864,  will  be  two  : 

Charter No.    7. 

School  Officers       -       -        -      No.  10. 

The  poll  lists  are  printed  and  numbered  accordingly. 
The  heading  of  these  lists  by  numbers,  as  well  as  by  the 
indorsements  on  the  several  tickets,  will  obviate  many 
difficulties. 

Note. — The  ballot-boxes  are  to  be  furaished  by  the  Metropolitaa  Police 
Commissioners. 


75 

Lacli  poll  list  is  therefore  prepared  as  follows  : 

Poll  List,  kept  by  the  Clerks  of  the  Election  District 

for  the  Ward,  fur  the  Election  held  the  eighth  day 

of  JVovember,  Ji.D.  1«04. 


"3 
O 

t 

E 

"A 

B 

S 

No.  1. 

No.  Si. 

'to 

§ 
No.  3. 

' 

a 

?       Assembly. 

?       City  &  County. 

a 

?       Judiciary. 

> 

3 
CO 

1 

1 

1 

1 

1 

— 

1 

1 

1 

1 

1 

1 

FORM  OF  n.VLLOT. 

No.  1.  The  words  "  President,  miiiibcr  one,"  to  be  indorsed 
on  the  outside  of  this  IniUot,  when  folded. 

For  Electors  of  President  and  Vice-President 
of  the  United  States. 
(Tliirty-thire  names.) 


No.  2.  "Words  "  State,  nnrjihor  two,"  to  he  indorsed  on  the 
outside  of  this  ballot,  when  folded. 


76 

For  Governor,  • 

(One  Name.) 

For  Lieutenant-Governor, 
(One  Name.) 

For  Canal  Commissioner, 
(One  Name.) 

For  Inspector  of  State  Prisons, 
(One  Name.) 

No.  3.     The  words  "Congress,  number  tliree,"  to  be   in- 
dorsed on  the  outside  of  this  ballot,  when  folded. 

For  Representative  in  Congress, 
(One  Name.) 

No.  5.    The  word  "Jlssemhly,  number  five,"  to  be  indorsed 
on  the  outside  of  this  ballot,  when  folded. 

For  j\[ember  of  Assembly, 
(One  Name.) 

No.  6.     The  words  "Citi/  and  Count}/,  number  six,"  to  be 
indorsed  on  the  outside  of  this  ballot,  when  folded. 

For  Sheriff  of  the  City  and  County  of  New  York, 
(One  Name.) 

For  District  Attorney, 
(One  Name.) 

For  Clerk  of  the  City  and  County  of  New  York, 
(One  Name.) 


77 

For  Coroners  in  the  City  and  County  of  Xc\v  York, 
(Four  Names.) 

No.  8.     Tlic  words  '\Judiciary,  nuinlier  eiirlit,"  to  be  in- 
dorsed on  tlic  outride  of  ilii.s  ballot,  when  folded. 

For  City  Jiidcro, 
(One  Name.) 

No.  11.    The  word  ''Supervisnr^^  to  bo  indorsed  on  llie  out- 
side of  Lliis  ballot,  when  folded. 

For  Supervisor, 
(One  Name.) 

Poll  List  kept  by  the  Clerks  of  the  Election  District 

of  the  Ward,  for  the  Election  held 

the  day  of  December,  Jl.  D.  1804. 


• 

en 

t. 

o 

o 

c 

Q 

Oaths. 

Names. 

Residence. 

No.  7. 

o 
c 

o 

CO 

No.  10. 

. 

1 
1 
i 
1 

78 


AN  ACT,  relative  to  Common  Schools  in  the  City  of  J^ew 

York, 

Paesed  April  twenty-fifth,  one  thousand  eight  hundred  and  sixfy-four  ;  three- 
fifths  being  present. 

The  People  of  the  State  of  JSTew  York,  represented  in  Senate 
and  Assembly,  do  enact  as  follows  : 

Section  1.  Tlie  city  of  New  York  is  hereby  divided  into 
seven  school  districts,  as  follows  : 

First  District— First,  Second,  Third,  Fourth,  Fifth,  Sixth, 
and  Eighth  Wards. 

Second  District — Seventh,  Tenth,  Thirteenth,  and  Four- 
teenth Wards. 

Third  District — Ninth  and  Sixteenth  Wards. 

Fourth  District — Eleventh  and  Seventeenth  Wards. 

Fifth  District— Fifteenth  and  Eighteenth  Wards. 

Sixth  District — Twentieth  and  Twenty-first  Wards. 

Seventh  District — Twelfth,  Nineteenth,  and  Twenty- 
second  Wards. 

§  2.  At  every  charter  election  in  the  said  city  there 
shall  be  elected,  in  each  scliool  district,  one  commissioner 
of  common  schools,  who  shall  take  office  on  the  first  day 
of  January  next  after  his  election,  and  hold  office  for  the 
term  of  three  years  ;  and  there  shall  also  be  elected,  in  each 
ward,  one  trustee  of  common  schools,  who  shall  take  office 
on  the  first  day  of  January  next  after  his  election,  and  hold 
office  for  the  term  of  five  years  ;  and  no  school  officer  shall 
hereafter  be  elected  or  appointed  in  said  city,  except  as 
provided  by  tliis  act,  and  no  person  shall  at  the  same  time 
hold  more  than  one  school  office. 


79 

No.  8.     The  words   "  Charter,  number  seven,"  to  be   in- 
dorsed on  the  outside  of  this  ballot  when  folded. 

For  Alderman  of  the  Aldermanic  District, 

(One  Name.) 

For  Councilracn  for  the  Senatorial  District, 

(Six  Names.) 

No.  10.     The  words  ^'School  Officers,   number  ten,"  to  be 
indorsed  on  the  outside  of  this  ballot  when  folded. 


For  Commissioner  of  Common  Schools  of  School 

District, 
(One  Name.) 

For  Trustee  of  Common  Schools  of  Ward, 

(One  Name.) 

In  case  of  an  election  to  fill  a  vacancy  in  the  oCQce  of 
Commissioner,  or  Trustee  of  Common  Schools,  the  person 
voted  for  to  fill  the  vacancy  must  be  designated  on  the 
ballot  by  the  words  "  to  fill  a  vacancy,'^  written  or  jirinted 
over  his  name,  and  must  be  so  designated  in  the  returns. 


Order  of   Cauva!<>8iiig^  Votes  and   Oral    Procla- 
mation thereof. 

Laws  of  1855.  Chap.  513,  Si-:c.  3.— All  ballots  shall 
hereafter,  in  all  tiie  election  districts  of  this  Slate,  be  can- 
vassed in  the  following  order,  as  far  as  number  five  inclu- 


80 

f^ivc,    and  in  Uic  city  of  New  York,   tlirongU  the  entire 
li^t: 

I.  Electors  of  President  and  Vice-President. 
II.  State  Officers,  other  than  Judiciary. 

III.  Members  of  Congress. 

IV.  State  Senators. 

V.  Members  of  Assembly. 

VI.  City  and  County  Officers. 

VII.  Charter. 

VIII.  Judiciary. 

IX.  Police  Justices. 

X.  School  Officers. 

At  the  completion  of  the  canvass  of  each  box,  the  Chair- 
man of  the  Canvassers  of  Election  shall  make  public  oral 
proclamation  of  the  whole  number  given  for  each  j)erson, 
with  the  name  of  the  office  to  which  such  person  was 
named  on  the  ballots.  (Laws  of  1855,  p.  949,  sec.  3  ;  as 
amended  1857.     Laws  of  1857,  vol.        p.  596.) 


--=f- 


SPECIAL    NOTIC 


V 


CANVASSERS  OF  ELECTM. 


EETURNS  OF  THE  NOVEMBER  ELECTION, 


/  s  ^-^^ 


Must  be  filed  forthwith — one  copy  of  Return  and  Poll 
List  at  the  County  Clerk's  Office,  and  also  one  copy 
served  on  th^e-,  Supervi'sor  appointed  to  receive  the 
Returns  of  the  District.  > 


i 


\ 


Returns  of  December  Election,  with  Foil  list, 

Are  to  be  filed  with  Clerk  of  Common  Council,  and 
Alderman  of  the  District  immediately  upon  completion 
of  the  Canvass.  -    -^ 


/         / 


^^ 


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